ISWAR CHAND BIDYASAGAR. Vs. CENTRAL UNIVERSITY OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court with a prayer for quashing the orders of Suspension dated 09.05.2019 (Annexure-6) and 06.08.2019 (Annexure- 10) as well as the entire disciplinary proceeding initiated vide Charge Memo dated 26.07.2019 (Annexure-8) as well as subsequent appointment of Inquiring Authority vide Order dated 02.09.2019 (Annexure-14) and Notice of Inquiry issued by Inquiring Authority vide Memorandum dated 06.09.2019 (Annexure- 15). Petitioner has further prayed that after quashing of the aforesaid orders, petitioner may be granted all consequential benefits.

(3.) The facts of the case in short is that petitioner was appointed by the Executive Council vide letter dated 18.11.2011 and was serving as Medical Officer under the respondent-University. It is the case of the petitioner that he was discharged from service of the respondent-University vide letter dated 16.09.2013, without giving any reason. Thereafter, the petitioner preferred W.P.(S). No. 6163 of 2013 before this Court challenging the order of discharge and this Court, after hearing the parties, allowed that writ petition holding the action of the respondents as illegal and unlawful and directed the respondents to reinstate the petitioner. Thereafter, respondent-University vide its letter dated 23.02.2016, reinstated the petitioner treating the period between the date of removal and the date of reinstatement as on duty for all purpose and the petitioner was allowed full pay and allowances for that period. It is the further case of the petitioner that inspite of the aforesaid letter, when respondents withheld the salary of the petitioner w.e.f. June, 2018, the petitioner again preferred W.P.(S). No. 3449 of 2018, wherein this Court vide order dated 11.09.2018, passed an interim order directing the respondents to pay the current salary of the petitioner. In view of repeated harassment and ill treatment, finding no other way petitioner instituted an online FIR before the SC/ST Police Station, Ranchi bearing No. 03/2019, dated 20.02.2019, against the respondent Nos. 2 and 3. Thereafter, on 09.05.2019, an order dated 09.05.2019 was issued by respondent No. 3, stating that a disciplinary proceeding is contemplated against the petitioner and subsequently, the respondent No. 2 put the petitioner under suspension by exercising his powers conferred under Statute 25(1) read with Section 11(3) of Central Universities Act, 2009 and Rule 19(1) of Central Civil Services (Classification, Control and Appeal) Rules, 1965. Subsequently, vide order dated 23.05.2019, respondent-University issued direction for payment of subsistence allowance to the petitioner. On 26.07.2019, the memorandum of charges was served upon the petitioner and it was directed to the petitioner to submit his written explanation in defence within 10 days from the date of receipt of memorandum of charges. The petitioner, vide his letter dated 01.08.2019 requested the respondent to amend the memorandum of charges dated 26.07.2019, since as per CCS (CCA) Rules, 1965, 15 days' time is desirable for submitting the reply in respect of memorandum of charges. Thereafter, on 06.08.2019, under the signature of respondent No. 3, another order was issued mentioning that disciplinary proceedings is yet to complete and as such, the respondent No. 2, in exercise of powers conferred upon him under Statute 25(1) of Central Universities Act , 2009 read with rule 19(6) of CCS (CCA) Rules, 1965 and on recommendation of a review committee, has further extended the suspension of the petitioner for another period of 180 days. Aggrieved by the aforesaid action of the respondents, the petitioner has preferred this writ application.