Dr. Rajeev Ranjan Poddar v. The T.M. Bhagalpur University

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10919 of 2022 ====================================================== Dr. Rajeev Ranjan Poddar son of Late Parmanand Poddar, R/o Sri Surya Mohan Path (Jabaripur Road), Tulsinagar, Tilamanjhi, P.S.-Barai, Town and District-Bhagalpur-812001.

... ... 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.

Dr. Niranjan Prasad Yadav, son of Asesar Prasad Yadav, at present the Registrar, T.M. Bhagalpur University, Bhagalpur. 6.

Mr. Shailesh Chandra Charavorty, S/o name not known to the petitioner, Sectional Officer (Pension/Claim/Accounts), T.M. Bhagalpur University, Bhagalpur.

7.

The Pricipal, T.N.B. Law College, Bhagalpur.

8.

The State of Bihar through the Additional Chief Secretary, Education Department, Govt. of Bihar, New Secretariat, Vikas Bhawan, Patna. 9.

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

10.

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

11.

The Authorised Officer, Pay Verification Cell, Education Department, Govt. of Bihar, having its office in the Building of Bihar State Text Book Housing Corporation Ltd. Buddh Marg, Patna.

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

For the Petitioner/s :

Mr. Purushottam Kumar Jha, Advocate Mr. Avanindra Kumar Jha, Advocate Mr. Ram Naresh Jha, Advocate Mr. Bishwash Vijeta, Advocate Mr. Prabhat Kumar Singh, Advocate For the Respondent/s :

Mr. Madanjeet Kumar (GP-20) ====================================================== CORAM: HONOURABLE MR. JUSTICE NANI TAGIA ORAL ORDER 20-08-2025 Heard learned counsel for the parties.

2. The issue that arises for determination in this writ petition is the order dated 18.01.2023, issued by the Registrar of

Patna High Court CWJC No.10919 of 2022(18) dt.20-08-2025 2/3 Tilka Manjhi Bhagalpur University vide Notification No. 120/2023, Memo No. 13/13822-13878, dated 18.01.2023 (Annexure-P/16 of the I.A. No. 02 of 2024), whereby the petitioner's service as Assistant Professor, English has been terminated.

3. There is an agreement at the bar that the impugned termination order dated 18.01.2023 was issued by the respondent authorities without any department proceeding being conducted for the purpose. There is further agreement at the bar that the service condition of the petitioner is governed by the Bihar State University Act, 1976 and the various statutes framed thereunder, wherein the procedure has been prescribed for termination of services of the Assistant Professor of the University.

4. Since it is an admitted fact that the petitioner's services as Associate Professor has been terminated by the impugned order dated 18.01.2023, without following the procedure prescribed under the Bihar State University Act, 1976 and the various statutes framed thereunder, this writ petition is allowed by setting aside the impugned order dated 18.01.2023, issued by the Registrar of Tilka Manjhi Bhagalpur University vide Notification No. 120/2023, Memo No. 13/13822-13878,

Patna High Court CWJC No.10919 of 2022(18) dt.20-08-2025 3/3 dated 18.01.2023 (Annexure-P/16 of the I.A. No. 02 of 2024) with liberty granted to the respondent authorities to proceed in accordance with law if the authorities of the University are still of the view that the petitioner is required to be proceeded departmentally.

5. The writ petition shall stand disposed off in the aforesaid terms.

(Nani Tagia, J) Amrendra/- U