Pramod Chsoudhary v. The Union Of India And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1499 of 2018 ====================================================== Pramod Chsoudhary, son of Sri Ganesh Choudhary, resident of VillageLagma, P.O.-Lagma, Ram Bhadrapur, P.S.-Sakatpur, District-Darbhanga. ... ... Petitioner/s

Versus

1.

The Union of India through the Secretary, Ministry of Human Resources Development, Shastri Bhawan, New Delhi-110001. 2.

The Joint Secretary, Language, Ministry of Human Resources Development, Shastri Bhawan, New Delhi-110001.

3.

The Vice Chancellor, Rashtriya Sanskrit Sansthan, Deemed University, 5657 Institutional Area, Janakpuri, New Delhi-110058. 4.

The Registrar-Cum-Aadarsh Prabhari, Rashtriya Sanskrit Sansthan, Deemed University, 56-57 Institutional Area, Janakpuri, New Delhi-110058. 5.

The Deputy Director, Administration, Rashtriya Sanskrit Sansthan, Deemed University, 56-57 Institutional Area, Janakpuri, New Delhi-110058. 6.

The Deputy Director Finance, Rashtriya Sanskrit Sansthan, Deemed University, 56-57 Institutional Area, Janakpuri, New Delhi-110058. 7.

The Principal-cum-Special In-Charge Officer, Rashtriya Sanskrit Sansthan, Deemed University, 56-57 Institutional Area, Janakpuri, New Delhi- 110058. 8.

The Chairman, Managing Committee of J.N.B., Aadarsh Sanskrit Mahavidyalaya, Lagma, Darbhanga-Cum-Head of the Department, Vyakaran, P.G. Department, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga.

9.

The Principal J.N.B. Aadarsh Sanskrit Mahavidyalaya, Lagma, Darbhanga, namely, Sri Phoolkant Mishra, son of late Ram Bhagat Mishra, resident of Village-Patti Tola, P.O.-Kothiya, P.S.-Bhairavsthan, District-Madhubani. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Mishra, Adv.

For the Respondent-RSS:

Mr.S.D Sanjay Addl. Soc. Gen.

Mr. Mohit Agarwal, Adv.

For the Respondent-UOI: Ms. Shail Kumari, CGC. For the Intervenor-petitioner: Mr. Rishit Deo Kr. Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN and HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL JUDGMENT (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) Date : 15-03-2019 Heard Mr. Ashok Kumar Mishra, learned counsel

Patna High Court CWJC No.1499 of 2018 dt.15-03-2019 2/3 appearing for the petitioner.

Mr. S. D. Sanjay, learned Additional Solicitor General accepts notice on behalf of the Rashtriya Sanskrit Sansthan including its officials.

The complaint of the petitioner is directed against the current Principal of J.N.B Aadarsh Sanskrit Mahavidyalaya, Lagma, Darbhanga, respondent no.9 and the charge is of misappropriation and siphoning of the college funds. It is his complaint that despite police case arising from Sakatpur P.S. Case No.115 of 2011 registered against him for offences punishable under Sections 420, 467, 468, 471 and 120 (B) of the Indian Penal Code, yet he continues to occupy the post and continue to commit financial irregularity.

Since Mr. S. D. Sanjay, learned Additional Solicitor General has accepted notice for the Rashtriya Sanskrit Sansthan, we do not deem it proper to enter into the merits of the complaint at this stage rather would allow the respondent no.3 i.e. the Vice Chancellor, Rashtriya Sanskrit Sansthan, Deemed University, Janakpuri, New Delhi to examine the complaint and dispose of the same in accordance with law with due opportunity of representation to the respondent no.9. It goes without saying that should any consequential

Patna High Court CWJC No.1499 of 2018 dt.15-03-2019 3/3 steps be required to be taken by the Vice Chancellor, Rashtriya Sanskrit Sansthan, Deemed University, Janakpuri, New Delhi as a result of such enquiry, he would take such steps to conclude the exercise within a period of three months from the date of receipt/production of a copy of this judgment. With the direction above, the writ petition is disposed of. The interlocutory application stands disposed of. (Jyoti Saran, J) ( Arvind Srivastava, J) Anjula/skpathak AFR/NAFR NAFR CAV DATE NA Uploading Date 26.03.2019 Transmission Date NA