Dr.Ram Naresh Mishra v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13962 of 2012 ====================================================== Dr.Ram Naresh Mishra, S/O Shiv Nandan Mishra Resident Of Village - Bhagwanpur Desha, P.S. Ujiarpur, District - Samastipur , Presently Posted As Reader In The Subject Of Mathili B.R.B. College, Samastipur ... ... Petitioner/s

Versus

1. The State Of Bihar

2. The Secretary, Higher Education, Government Of Bihar, Patna

3. The Vice-Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

4. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

5. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga

6. The Principal, B.R.B. College, Samastipur ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Bhushan Singh For the Respondent/s :

Mr. Sanjay Kr. No.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 11-09-2018 The present writ petition has been filed for quashing the letter dated 28.07.2010, by which the date of initial appointment of the petitioner has been shifted by two years instead of taking the date of sanction of the post as the relevant date for all purposes.

It is submitted by the learned counsel for the petitioner that prior to passing of the impugned order dated 28.07.2010, no show cause notice was issued to the petitioner so that the petitioner could raise his grievances before the authority.

Patna High Court CWJC No.13962 of 2012(4) dt.11-09-2018 2/2 The learned counsel appearing for the respondents University submits that the impugned order has been passed without issuing any show cause notice, hence, it would be appropriate to consider the matter afresh.

In view of the aforesaid the present writ petition is allowed and the impugned order dated 28.07.2010 is quashed. It goes without saying that the respondent University shall issue show cause notice to the petitioner, whereafter, the petitioner shall submit his reply and only, thereafter, the University authorities would decide the case of the petitioner afresh, considering, the fact that 28 other similarly situated persons have already been considered to have been appointed from the date of sanction of the post.

(Mohit Kumar Shah, J) khushbu/- U