KUMAR SHAILENDRA MOHAN Vs. BIRSA AGRICULTURE UNIVERSITY

JUDGEMENT

(1.) Petitioner was working as Junior Scientist in Birsa Agricultural University, Kanke, Ranchi. Petitioner was charge sheeted on following charges:-

(2.) Petitioner has submitted his reply to the charge sheet and has stated therein that having seen the place of posting i.e. Chianki, he was shocked as to why he was transferred to Chianki. Therefore, he could not join Chianki immediately. He has further stated in his reply to the show cause that he was not able to perform his experiments with Soils due to lack of facilities and malfunctioning of the old instruments. He has further stated that he never left the Headquarter without prior information and he had left the Headquarter for Ranchi only for medical treatment, since, he had to undergo the surgery of his Gall bladder to remove stone. It has further been stated in the reply to the show cause that he was mentally disturbed because of his unnecessary transfer to Chianki, keeping in mind his children's education.

(3.) As per explanation to Clause 13.9(3) of the Statute of the University, for imposing the minor penalties, it would be sufficient, if the officer concerned given an opportunity of explaining the charges against him and the explanation so submitted is taken into consideration before orders are passed and it would be no need to follow the procedure indicated in sub Clause 4 of Clause 13.9.