Dr. Mukteshwar Narayan Singh v. The Chancellor Of The Universities, Raj Bhawan, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9723 of 2017 ======================================================

1. Dr. Mukteshwar Narayan Singh, son of Late Ram Yogendra Singh, Resident of Village- Dadanpur, Post- Pirmaker, P.S.- Pirmaker, DistrictChapra (Saran) .... Petitioner

Versus

1. The Chancellor of the Universities, Raj Bhawan, Bihar, Patna.

2. B.R. Ambedkar University, Muzaffarpur through its Registrar.

3. Vice Chancellor, B.R. Ambedkar Bihar University, Muzaffarpur.

4. Registrar, B.R. Ambedkar Bihar University, Muzaffarpur.

5. Awadh Bihari Singh College, Lalganj, District- Vaishali through its Secretary.

6. Governing Body through the Secretary, Awadh Bihari Singh College, Lalganj, District- Vaishali.

7. Secretary, Governing Body, Awadh Bihari Singh College, Lalganj, Districtr- Vaishali.

.... Respondents ====================================================== Appearance :

For the Petitioner : Mr. Abhinav Srivastava, Adv. For the Respondents : M/S Rajendra Kumar Giri & Vikash Bharti, Advs. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-11-2017 Heard Mr. Abhinav Srivastava, the learned counsel appearing for the petitioner, and Mr. Vikas Bharti, the learned counsel appearing for the Bhim Rao Ambedkar Bihar University, Muzaffarpur.

The petitioner, being aggrieved by the order of his suspension, issued by the Secretary, Awadh Bihari Singh College, Vaishali at Hajipur, on 24.01.2014, submitted that the Secretary has got no jurisdiction to suspend the petitioner from the post of the Principal of the College. The power of suspension is vested in the governing body of the College.

The learned counsel for the petitioner, further, submits that in any view of the matter the petitioner can not be allowed to be under suspension beyond one year in terms of Article 10 of the Service Statutes, related to the employees of all

Patna High Court CWJC No.9723 of 2017 (5) dt.02-11-2017 2/2 the Universities. It has, further, been submitted that the petitioner has already filed representation before the Vice Chancellor of the Bhim Rao Ambedkar Bihar University, Muzaffarpur, vide Annexure 14/1, and the Vice Chancellor is competent to pass order on the order of suspension issued by the Secretary. It is submitted that the Vice Chancellor be directed to dispose off the representation of the petitioner within two months, from the date of receipt of this order.

On the other hand, the learned counsel for the University did not object.

Having considered the submissions of the parties, I dispose off the writ petition with a direction to the Vice Chancellor, Bhim Rao Ambedkar Bihar University, Muzaffarpur, to dispose off the representation of the petitioner within two months, from the date of receipt of this order and pass reasoned order.

Accordingly, this writ petition stands disposed off. (Prabhat Kumar Jha, J) SA/- U √