Akhilesh Kumar Srivastava v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.9913 of 2018 ====================================================== Akhilesh Kumar Srivastava Son of Late Girja Prasad resident of : Nawab Bagh Colony, Lal Bagh Road, Tilka Manjhi, P.S. : Tilkamanjhi, District - Bhagalpur.

... ... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. Tilka Manjhi Bhagalpur University, Bhagalpur through its Registrar.

3. The Vice-Chancellor, Tilka Manjhi University, Bhagalpur.

4. Marwari College, Bhagalpur under the Tilka Manjhi Bhagalpur University, Bhagalpur.

5. Dr. Guru Deo Poddar, In-Charge Principal, Marwari College, Bhagalpur under Tilka Manjhi Bhagalpur University, Bhagalpur. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amaresh Kumar Sinha, Advocate For the Respondent/s :

Mr. Subhash Chandra Mishra, SC-16 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-07-2018 Heard the parties.

In the present writ application, the following reliefs have been sought for on behalf of the petitioner : 1(i) For the issuance of a writ in the nature of writ of certiorari or any other appropriate writ, order or direction, quashing the respondent no.2 to 3 quash the Notification No.265/2017/Memo NO.B/30550630 dated 06.12.2017 (i.e. Annexure-11) issued under the signature of the Registrar of the respondent University, whereby the petitioner has been removed from the post of in-charge Principal of the Marwari College and respondent no.5 has been appointed as the in-charge Principal in his place.

Patna High Court CWJC No.9913 of 2018(2) dt.19-07-2018 2/3 (ii) For the issuance of a writ in the nature of consequential writ of mandamus or any other appropriate writ, order or direction, commanding the respondent no.2 to 3, to re-appoint/reinstate the petitioner on the post of in-charge Principal of the Marwari College inasmuch as the enquiry initiated into a frivolous complaint against the petitioner has not produced any material against the petitioner. (iii) For the issuance of a writ in the nature of writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to conclude the enquiry, initiated vide Annexure within three weeks.

The petitioner confines his relief to 1(iii) seeking a direction that the enquiry initiated vide Annexures-10 and 11 to the writ application by the respondent No.2 be concluded within a reasonable period as the petitioner, in near future, is going to superannuate.

Considering the submissions made on behalf of the petitioner, the respondent No.2 is directed to conclude the enquiry preferably within a period of three months from the date of receipt/production of a copy of this order. The petitioner is also directed to co-operate during the enquiry. The counsel appearing for the respondent No.2 assures that the enquiry in question will be concluded preferably within a

Patna High Court CWJC No.9913 of 2018(2) dt.19-07-2018 3/3 period of three months.

With the aforesaid observation and direction, the present writ application stands disposed of.

(Sudhir Singh, J) Narendra/- U