Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.6786 of 2022 ====================================================== Rohit Kumar, S/o- Santosh Kumar Suman, R/o- Dhabahi, PS- Laukahi, District- Madhubani, Bihar, 847108.
... ... Petitioner/s
Versus
1.
The State of Bihar through the Principal Secretary, Department Education Department, Government of Bihar, New Secretariat Patna. 2.
The Hon'ble Chancellor, Universities of Bihar, Raj Bhawan Patna. 3.
The Chief Secretary, Government of Bihar, Main Secretariat, Patna. 4.
The Principal Secretary, Department of Education, Government of Bihar, New Secretariat, Patna.
5.
The Principal Secretary to the Hon'ble Chancellor, Governor's Secretariat, Rajbhawan, Bihar, Patna.
6.
Dr. Surendra Pratap Singh, son of not known Vice- Chancellor, Lalit Narayan Mithila University, Darbhanga.
7.
Dr. Hanuman Prasad Pandey, son of not known Vice- Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur.
8.
Dr. Rajendra Prasad, son of not known Vice- Chancellor, Magadh University, Bodh- Gaya.
9.
Dr. Jawahar Lal, son of not known Pro Vice- Chancellor, Munger University, Munger.
10.
Dr. C.S. Choudhary, son of not known Pro Vice- Chancellor, Veer Kunwar Singh University, Ara.
11.
Lalit Narayan Mithila University, Darbhanga through the Registrar 12.
The Registrar Lalit Narayan Mithila University, Darbhanga 13.
Bhim Rao Ambedkar Bihar University, Muzaffarpur through the Registrar 14.
The Registrar Bhim Rao Ambedkar Bihar University, Muzaffarpur 15.
The Magadh University, Bodh Gaya through the Registrar 16.
The Registrar Magadh University, Bodh Gaya 17.
The Munger University Munger through the Registrar 18.
The Registrar Munger University Munger through 19.
Veer Kunwar Singh University, Ara through the Registrar 20.
The Registrar Veer Kunwar Singh University, Ara 21.
Additional Chief Secretary (Vigilance), Government of Bihar, Soochna Bhawan, Patna.
22.
The Special Vigilance Unit, Government of Bihar, Patna through Additional Director General of Police SVU, 5, Daroga Rai Path Patna. ... ... Respondent/s
2/4 ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Advocate Ms.Manini Jaiswal, Advocate Ms. Ankita Kumari, Advocate Mr. Abhishek Mishra, Advocate For the Respondent/s :
Mr. Pawan Kumar, AC to AG Mr. Rajendra Kumar Giri, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) Date : 24-06-2022 Petitioner has prayed for the following relief(s):- "I) For quashing the illegal appointments of ViceChancellors, Pro Vice-Chancellors and other officers of the Universities of State of Bihar violating the laid down provisions as contained in Section 10 of the Bihar State Universities Act, 1976 as well as directions issued by the Hon'ble Court.
II) For direction upon the respondent authorities to investigate the financial illegalities/defalcation, committed by the university officials in connivance with the highest authorities of the Universities well as the State and the investigations is required to be done under the monitoring of this Hon'ble Court as the huge amount has been defalcated by means of cheating and fraud by the top officials and there is apprehension that they can manage the investigating agencies through their power.
III) For commanding the Respondents to institute
3/4 an enquiry by the Special Vigilance Unit with regard to the policy decisions and misuse of University funds in crores taken by the Vice-Chancellors and In-charge Vice-Chancellors in the Universities of Bihar. IV) For commanding the Respondents to institute an enquiry by the Special Vigilance Unit to find out the quantum of funds manipulated by the highest officials including Vice-Chancellors/In-charge ViceChancellors and other officers of the Universities of Bihar violating the Governing Laws framed for spending the said funds.
V) For restraining the office of the Chancellor to interfere in the matter of investigation being, done of the Government with regard to corruption charges of the university authorities by issuing the letter dated 25.1.2022 to the Cheif Secretary Government of Bihar and the said letter has been published in the daily news paper.
VI) The petitioner further prays that this court may monitor the investigation.
VII) Any other order or orders as to your Lordships may deem fit and proper in the facts and circumstances of the case."
In view of the fact that CWJC No. 13089 of 2021, titled as Rajan Kumar Vs. The Chancellor of Universities & Ors., dealing with the same issue, is pending consideration before another Bench of this Court, petition is permitted to be withdrawn reserving liberty to file an application seeking intervention in the said petition.
Liberty reserved to the petitioner to file a fresh
4/4 petition on the same and subsequent cause of action, should the need so arise subsequently.
The present petition stands disposed of in the aforesaid terms.
Interlocutory Application(s), if any, shall sand disposed of.
(Sanjay Karol, CJ) ( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 29.06.2022 Transmission Date