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Patna High CourtCWJC/13085/2023dismissed

Prof. (Dr.) Chandra Bhushan Mishra v. The Union Of India

2023-11-06Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13085 of 2023 ====================================================== Prof. (Dr.) Chandra Bhushan Mishra S/o Late Deo Kumar Mishra R/o-Q No. B/1, Nava Nalanda Mahavihara-Residential Complex, Nalanda-802111 ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Culture, Government of India, New Delhi 2.

The Secretary, Ministry of Culture, Government of India, New Delhi. 3.

The Joint Secretary, Ministry of Culture, Government of India, New Delhi. 4.

The Under Secretary, Ministry of Culture, Government of India, New Delhi. 5.

The Nava Nalanda Mahavihara, Deemed to be University Under Ministry of Culture, Government of India, through Registrar, Nava Nalanda Mahavihara, Nalanda, Bihar.

6.

The Vice-Chandellor, Nava Nalanda Mahavihara, Nalanda, Bihar. 7.

The Registrar, Prof. (Dr.) Shrikant Singh, Nava Nalanda Mahavihara, Nalanda, Bihar.

8.

The Ex-Vice-Chancellor, Prof. (Dr.) Baidyanath Labh, Nava Nalanda Mahavihara, Nalanda, Bihar.

9.

Head of the Department, Pradeep Kumar Das, Associate Professor, Ancient History Culture and Archaeology, Nava Nalanda Mahavihara, Nalanda, Bihar.

10.

The Director, Ministry of Culture, Government of India, New Delhi. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Samman Vardhan For Respondent nos. 5-6 :

Mr.Ajay Kumar Sinha, Sr. Adv.

Mr. Virendra Prasad For the Union of India ;

Ms. Priyanka Raj Laxmi ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-11-2023

1. Heard learned Counsel for the parties concerned.

2. The present writ application has been filed for quashing of the order of suspension, passed, on 31.08.2023, by the Registrar of Nava Nalanda Mahavihara, a deemed University.

Patna High Court CWJC No.13085 of 2023(2) dt.06-11-2023 2/3

3. Learned Counsel for the petitioner submits that the petitioner was suspended by the Registrar of Nava Nalanda Mahavihara, who was not competent to pass suspension order. However, a representation for revocation of suspension order was made by the petitioner before the Vice Chancellor of Nava Nalanda Mahavihara on 26.10.2023 and in pursuance thereof, the suspension of the petitioner was revoked on 01.11.2023 under the signature of the Registrar of Nava Nalanda Mahavihara. Further, learned Counsel submits that the two lines of the revocation order is objectionable, which states that "...in this regard neither any grievance shall be entertained nor will it be considered legally valid in future".

4. On the other hand, learned Senior Counsel for the University, submits that the order of suspension was merely communicated by the Registrar of Nava Nalanda Mahavihara,pursuant to the decision taken by the competent authority and on the request/representation of the petitioner, the same has already been been revoked on 01.11.2023.

5. From perusal of the revocation order of suspension, dated 01.11.2023, it would be evident that the Vice Chancellor

Patna High Court CWJC No.13085 of 2023(2) dt.06-11-2023 3/3 of Nava Nalanda Mahavihara, after taking into consideration the representation of the petitioner, decision of the Board of Management and report of the Preliminary Enquiry Committee, has revoked the petitioner's suspension.

6. Having heard learned Counsel for the parties concerned and taking into consideration the fact that the order of suspension has already been revoked, as such, there is nothing more to be decided by this Court.

7. This application is, accordingly, dismissed.

8. I. A. No. 01 of 2023 also stands dismissed. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √