Dr. Dilip Kumar Singh v. The T.M. Bhagalpur University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5745 of 2025 ====================================================== Dr. Dilip Kumar Singh S/o Late Siya Sharan Singh, Seeta Sharan Kuteer, HIG- 13, Sector -3, Bihar State Housing Board, Barari, P.S. - Barari, Town and District - Bhagalpur - 812003.

... ... Petitioner/s

Versus

1.

The T.M. Bhagalpur University Bhagalpur, through its Registrar. 2.

The Vice-Chancellor, T.M. Bhagalpur University Bhagalpur. 3.

The Registrar, T.M. Bhagalpur University, Bhagalpur. 4.

The Finance Officer, T.M. Bhagalpur University, Bhagalpur. 5.

The Principal, T.N. B.Law College, Bhagalpur. 6.

The State of Bihar through the Additional Chief Secretary, Education Deptt, Govt. of Bihar, New Secretariat, Patna.

7.

The Deputy Secretary, Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

8.

The Director, Higher Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna.

9.

The Pay Verification Cell, Education Department, Govt. of Bihar, having its office in the building of B.S.T.B.P. Corporation, Buddh Marg, Patna - 800001.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Purushottam Kumar Jha, Adv.

For the Respondent/s :

Standing Counsel (4) For the University :

Mr. Ritesh Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner and Mr. Ritesh Kumar, learned counsel for the Respondent-University.

2. The petitioner has filed the present writ application for quashing the Notification No. 120/2023 dated 18.01.2023 issued by the Respondent No.3, the Registrar, T.M. Bhagalpur University, Bhagalpur whereby the services of the petitioner and other teaching and non-teaching employees of the Fourth Phase

Patna High Court CWJC No.5745 of 2025(3) dt.15-07-2025 2/3 Constituent College have been terminated.

3. Learned counsel for the petitioner submits that the petitioner has been terminated without holding any regular departmental proceeding and that too after his retirement on 31.07.2021 which is thoroughly unsustainable in law.

4. Mr. Ritesh Kumar, learned counsel appearing for the University fairly submits that termination of services of the petitioner cannot take place after his retirement that too without holding any departmental proceeding.

5. Considering the submissions of learned counsel for the parties and the fact that the termination of the services of the employees after retirement is contrary to service jurisprudence, the impugned Notification No. 120/2023 dated 18.01.2023 issued by the Respondent No.3, the Registrar, T.M. Bhagalpur University, Bhagalpur is set aside qua the petitioner.

6. In relation to other relief(s) prayed for by the petitioner, learned counsel submits that a representation has been filed before the Vice Chancellor, T.M. Bhagalpur University, Bhagalpur (Annexure P/3) on 21.03.2022 which may be disposed by the learned Vice Chancellor within reasonable time frame. Taking note of the fact that the representation of the petitioner is pending before the Vice

Patna High Court CWJC No.5745 of 2025(3) dt.15-07-2025 3/3 Chancellor, the Vice Chancellor is directed to dispose the representation of the petitioner by a reasoned and speaking order within a reasonable time frame preferably within three months.

7. With the aforesaid observation/direction, the instant writ petition stands disposed of.

(Anil Kumar Sinha, J) perwez U