Manaur Alam v. The Chancellor Of The Universities Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7640 of 2022 ====================================================== Manaur Alam S/o Md. Islam R/o Block Road, P.O.- Narkatiyaganj, P.S.- Shikarpur, District- West Champaran.

... ... Petitioner/s

Versus

1.

The Chancellor of the Universities of Bihar Raj Bhawan, Patna through its Officer on Special Duty, Raj Bhawan, Patna.

2.

The State of Bihar through the Chief Secretary Government of Bihar, Patna. 3.

The Additional Chief - Secretary Education Department, Government of Bihar, Patna.

4.

The B.N. Mandal University through its Registrar Laloonagar, Madhepura (Bihar).

5.

The Vice Chancellor B.N. Mandal University.

6.

The L.N. Mithila University through its Registrar Kameshwar Nagar, Darbhanga.

7.

The Vice Chancellor L.N. Mithila University Kameshwar Nagar, Darbhanga. 8.

The Purnea University through its Registrar Purnia. 9.

The Vice Chancellor Purnea University, Purnea. 10.

The Vigilance Investigation Bureau Vigilance Department, Govt. of Bihar, 6, Circular Road, Patna.

11.

The Principal Secretary Vigilance Department, Govt. of Bihar, Patna. 12.

The R.D.S. College, Katihar through its Principal, Katihar. 13.

The Director Higher Education, Government of Bihar, Patna. 14.

Kewal Jha Son of Late Jageshwar Jha Retd. Associate Professor, R.D.S. College, Salmari, Katihar presently at R/o- Baigna, Rampara, P.O. and P.S.- Katihar, District- Katihar- 854105.

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

For the Petitioner/s :

Mr.Amit Pandey, Advocate For the Respondent/s :

Mr.Smt. Shilpa Singh (GA 12) Mr. Rajendra Kumar Giri, Advocate Mr. Ritesh Kumar, Advocate Mr. Nadim Seraj, Advocate Mr. Niranjan Kumar, Advocate Mr. Arvind Kumar, Spl. P.P. Vigilance ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR

2/4 ORAL ORDER (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.) 24-06-2022 Petitioner has prayed for the following relief(s):- (i) For issuance of an order (s)/direction (s) or writ(s) in the nature of Mandamus directing the respondents Vigilance Investigation Bureau to register an F.I.R. ini connection with the illegal and unauthorized appointment of Respondent No-14 on non-existent/non sanctioned post as lecturer in Police Science.

And/or (ii) For issuance of an order (s)/direction (s) or writ(s) in the nature of Certiorari to call for the records in connection with the illegal and unauthorized appointment of Respondent No-14 on non-existent/non sanctioned post as lecturer in Political Science and unauthorized appointment of Respondent No-14 be declared as null and void ab-initio. And/or (iii) For issuance of an order (s)/direction (s) or writ(s) in the nature of Mandamus directing the respondents Vigilance Investigation Bureau to inquire the irregularities/corruption committed by Respondent No-14 in collusion with others having siphoned huge amount of money committing misappropriation of Government money and caused loss upon the State Exchequer.

3/4 or writ(s) in the nature of Mandamus directing the respondent Universities (Respondent No.-5, 7 & 9) to constitute the high level enquiry committee to enquire the misappropriation of government funds as committed by Respondent No-14 during his tenure as in charge Principal of R.D.S. College, Salamari, Katihar.And/or (v) Pass such other order/orders which may appear fit and proper in the facts and circumstances of the instant case."

Shri Rajendra Kumar Giri, learned counsel, who appears on behalf of the Hon'ble Chancellor, states that in terms of and pursuant to the directions issued by this Court in CWJC No. 2078 of 2021, titled as Rohit Kumar Vs. The Hon'ble Chancellor, the Universities of Bihar, Raj Bhawan, Patna, Bihar & Ors., the order stands passed.

Shri Amit Pandey, learned counsel for the petitioner, states that he is not aware of the said order. Order passed by the Hon'ble Chancellor is taken on record.

Let copy of the same be supplied to learned counsel for the petitioner.

The petition stands disposed of in the aforesaid terms reserving liberty to the petitioner to challenge the order in accordance with law, if so required and desired.

4/4 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) ( S. Kumar, J) K.C.Jha/-DKS U