Sudhanshu Shekhar Jha v. The T.M.Bhagalpur University And

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19330 of 2010 ====================================================== Sudhanshu Shekhar Jha S/O Late Shanti Prasad Jha, R/O Vill. & P.O.- Sanour, P.S.- Pathargama, Dsitt.- Godda (Jharkhand) .... .... 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 Financial Advisor, T.M. Bhagalpur University, Bhagalpur

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

6. The Principal, Sabour College, Sabour, Distt.- Bhagalpur

7. The State Of Bihar, through the Principal Secretary, Department of Human Resources Development Department Govt. Of Bihar, Patna

8. The Deputy Secretary, Education Department (Not Known as Human Resources Development Department) Govt. Of Bihar, Patna

9. The Director, Higher Education Department Govt. Of Bihar, Patna .... .... Respondent/s ====================================================== Appearance :

For the Petitioner : Mr. Purushottam Kr. Jha, Advocate For the University : Mr. Anjani Kumar, Advocate Mr. Shailendra Kumar Singh, Advocate For the State : Mr. Dhurendra Kumar, AC to GP-5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-08-2017 In the present writ application, the petitioner has sought for quashing of the show cause notice issued by the Respondent No.3 i.e. The Registrar, T.M. Bhagalpur University, Bhagalpur.

By the said show cause, the petitioner has been directed to submit his reply within a period of 15 days enclosing the documents, if necessary, in respect to, his absorption on the post of Accountant. The petitioner, in pursuance to the show cause notice, has already filed a reply vide Annexure-18 to the present

Patna High Court CWJC No.19330 of 2010 (5) dt.11-08-2017 2/2 writ application, giving the details along with the enclosures in respect to his absorption in the service on the post as mentioned above. Thereafter, the petitioner has also filed a supplementary reply vide Annexure-21 enclosing the recommendation of the Justice S.B. Sinha Commission's report. Till date no final order has been passed by the University taking note of the reply filed by the petitioner. Thus no adverse order till date has been passed against the petitioner. The present writ application is a premature one. The petitioner ought to have waited for the final order to be passed.

The University is directed to pass a final order in accordance with law in respect of the petitioner within a period of five months from the date of receipt/production of a copy of this order. The University after passing the order shall make into consideration, whether the petitioner is entitled to any other incidental relief or not.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U