ARJUN PRASAD RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner is aggrieved of the order contained in letter dated 04.01.2014.

(2.) Briefly stated, the petitioner was appointed as Lecturer in Langta Baba College, Mirzaganj, Giridih and he tendered his joining on 24.11.1987. Pursuant to an advertisement issued on 207.2007 for the post of Principal, interview was held on 05.08.2007 and the petitioner was appointed Principal of the said college on 07.08.2007. Vide its Resolution dated 27.09.2007 the Governing Body of the college approved appointment of the petitioner as Principal in Langta Baba College. It appears that on various allegations pertaining to conduct of teachers in the college an enquiry committee was constituted by the University on 10.09.2009 which visited the college on 10.02010 and conducted enquiry. The enquiry report dated 24.02011 was submitted to the University. In the meantime, a show-cause notice was issued to the petitioner on 04.10.2010 with reference to the meeting of Governing Body conducted on 21.09.2010. In compliance of order dated 21.04.2011 of the Syndicate of the University, the petitioner vide letter dated 04.01.2014 was directed to hand-over charge and, in effect, was terminated from service. Aggrieved, the petitioner has approached this Court.

(3.) Counter-Affidavit on behalf of the respondent-Vinoba Bhawe University raises a preliminary issue on maintainability of the writ petition; Dr. Ashok Kumar Singh, the learned counsel for the respondent-University submits that appointment of the petitioner on the post of Lecturer was in contravention of section 57 of the Bihar State Universities Act, 1976 and section 35 of Jharkhand Universities Act, 2000.