BIRSA AGRICULTURAL UNIVERSITY, THROUGH ITS REGISTRAR HAVING ITS OFFICE AT KANKE, P.O. AND P.S. KANKE, DISTRICT RANCHI, JHARKHAND Vs. DR. ANANT PRASAD JAISWAL, SON OF LATE BANARSI PRASAD JAISWAL, AT PRESENT RESIDING AT FLAT NO.203/B, SINHASAN JYOTI VIHAR COLONY, GAURI SHANKAR NAGAR (KADRU), P.O. AND P.S. DORANDA, DISTRICT RANCHI

JUDGEMENT

(1.) Order passed in W.P.(S) No. 3897 of 2011, whereby penalty of removal from service inflicted upon respondent-writ petitioner was quashed with all consequential benefits, is under challenge in the present Letters Patent Appeal.

(2.) Briefly stated, the respondent-writ petitioner (hereinafter to be referred as respondent) was appointed as Junior Scientist-Assistant Professor, Soil (Agro Forestry) in the Birsa Agricultural University, Ranchi, on 05.11.1990. He was transferred, on 25.08.2003, to ZRS, Dumka and was relieved from his office on 26.08.2003. However, he did not join his new posting. Several reminders were issued to him and a notice was also published in the newspaper, requiring him to join at the new posting. On the allegations of misconduct, indiscipline, unauthorized absence from duty etc., a charge-memo was served upon him and he was put under suspension on 29.10.2003. The respondent denied the charges. The enquiry committee submitted a report on 17.03.2004 and a second show cause notice was issued to the respondent on 19.04.2004. The respondent submitted his reply, making allegation against one of the members of the enquiry committee. The Vice-Chancellor of the University imposed penalty of termination from service vide order dated 26.06.2004, which was challenged by the respondent by filing an appeal before the Chancellor, who came to a conclusion that through the second show cause notice proper opportunity of hearing was not afforded to the respondent. Consequently, the order of dismissal from service was set aside vide order dated 10.06.2005, remitting the matter to the appointing authority to pass appropriate order after hearing the respondent. The reconstituted enquiry committee issued notice to the respondent who appeared on 10.08.2006 before the committee and again made accusations against one of the members of the committee. A report was submitted by the committee on 19.09.2006 and second show cause notice dated 06.12.2010 was issued to the respondent. The Vice-Chancellor again passed order of dismissal from service on 15.05.2008, which was challenged by the respondent before the Chancellor who dismissed his appeal on 05.07.2009. Application seeking review of the appellate order dated 05.07.2009 filed by the respondent was dismissed on 20.03.2010. The aforesaid orders were, thereafter, challenged by the respondent before this Court in W.P.(S) No.1558 of 2010. The writ petition was allowed vide order dated 04.11.2010, on the ground that in terms of sub-clause (3) and (4) to Clause 13.9 of the Statute of Birsa Agricultural University, the disciplinary authority is required to communicate to the delinquent the grounds on which he proposes to impose a major penalty. Thereafter, the second show cause dated 06.12.2010 was issued to the respondent, who responded through letter dated 21.12.2010 seeking clarification and supply of documents. The Vice-Chancellor, Birsa Agricultural University formed the opinion that the misconduct, indiscipline and wilful disobedience committed by the respondent warrants penalty of removal from service and he passed order dated 03.01.2011 in the aforesaid terms. This is the order impugned by the respondent before the Writ Court in the present proceeding. The appeal preferred by the respondent before the appellate authority failed on 23.02.2011 and the appellate order was also challenged by filing an interlocutory application in the writ petition. The learned Single Judge held that the enquiry committee did not afford proper opportunity to the writ petitioner to defend his case and penalty of removal from service was passed in breach of Clause 13.9 of the Statute of the University. The penalty order and the appellate order, both were quashed and the respondent was reinstated with all consequential benefits. The respondent was directed to join his transferred post at ZRS, Dumka. In the aforesaid background, the appellant-Birsa Agricultural University is before us in the instant Letters Patent Appeal filed under Clause 10 of the Letters Patent of Patna High Court, as adopted by the High Court of Jharkhand.

(3.) Heard.