Birendra Kumar Pandey v. The Vice Chancellor, Veer Kunwar Singh University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Letters Patent Appeal No.1095 of 2016 =========================================================== Birendra Kumar Pandey S/o late Jagdanand Pandey resident of villageBarap, P.S. Garhani, District- Bhojpur .... .... Appellant

Versus

1. The Vice Chancellor, Veer Kuwar Singh University, Ara DistrictBhojpur

2. The Registrar, Veer Kuwar Singh University, Ara District- Bhojpur

3. The Inspector of College, Veer Kuawar Singh University, Bihar, Patna 4.

The Principal Secretary,Humane Resources Department, Government of Bihar, Patna

5. The District Magistrate, Bhojpur, Ara

6. The Regional Manager, Punjab National Bank,Exhibition Road, Patna

7. The Branch Manager, Punjab National Bank,Garhani Branch, District- Bhojpur

8. Sri Narendra Kumar Pandey, Son of Late Sacchidanand Pandey, resident of village- Barap, P.S.- Garahani, District- Bhojpur .... .... Respondents =========================================================== Appearance :

For the Appellant/s : Mr. Amarendra Kumar, Advocate For the PNB : Mr. Kumar Priya Ranjan, Advocate Mr. Niraj Kumar, Advocate For the University : Mr. Rajesh Prasad Choudhary, Advocate For the State : Mr. Rakesh Kumar Shrivastava, A.C. to G.P.15 =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE And HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD) Date: 13-04-2018 Challenge in the present Letters Patent Appeal is to the judgment and order dated 07.04.2016 passed by the learned Writ Court in CWJC No. 16119/2014.

2. The learned Writ Court has refused to go into the

Patna High Court LPA No.1095 of 2016 dt.13-04-2018 correctness of the enquiry report dated 10.03.2016 by the committee set up by the University to go into the matters relating to financial irregularities allegedly committed by the respondent no. 8.

3. A perusal of the writ application would show that the petitioner had moved this court in writ jurisdiction seeking a direction to the respondent Vice Chancellor, Veer Kunwar Singh University, Ara, Bhojpur to conclude the enquiry set up against the financial irregularities committed by respondent no. 8. The University constituted a three men enquiry committee and placed a copy of the report of the three men committee before the learned writ court. The petitioner and respondent no. 8 are cousin brothers, as stated in the counter affidavit of respondent no. 8 filed in the writ application. By filing I.A. No. 2762/2016, the petitioner wanted to challenge the enquiry report dated 10.03.2016 as contained in Annexure10 to the writ application on various grounds.

4. We have perused the contention of writ petitioner in the interlocutory application for the purpose of challenging the enquiry report. In our considered opinion, the nature of disputes, allegations and counter allegations which have been placed on the record cannot be gone into and adjudicated upon

Patna High Court LPA No.1095 of 2016 dt.13-04-2018 by a constitutional court sitting in its writ jurisdiction. The learned writ court has rightly refused to entertain the challenge to the enquiry report. We do not find any illegality or infirmity in the impugned judgment of the learned writ court.

5. The Letters Patent Appeal has no merit. It is, accordingly, dismissed.

We make it clear that the dismissal of the writ application or Letters Patent Appeal would not be a bar for the petitioner-appellant to ventilate his grievance before any other appropriate forum, if so advised.

(Rajendra Menon, CJ.) (Rajeev Ranjan Prasad, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 17.04.2018 Transmission Date NA