Prashant Kumar Suman v. Vice-chancellor, L. N. Mithila Unversity
2001-09-19
AFTAB ALAM
body2001
DigiLaw.ai
Judgment 1. This order is being passed in continuation of the earlier order, dated 13.9.2001. The petitioner is a Class lll employee and he was posted as Routine Clerk in Samastipur College, Samastipur, a constituent unit of L.N. Mithila University (hereinafter referred to as the University). In connection with some disciplinary proceeding he was put under suspension by order dated 31.8.1999. Then, by an office order, dated 10.11.2000 issued by the Registrar on the direction of the Vice Chancellor he was released from the suspension but instead of being allowed to join at Samastipur College, Samastipur he was transferred to the D.B.College, Jainagar, Madhubani, another constituent unit of the University. 2. The petitioner is aggrieved by his order of transfer and seeks to challenge the order dated 10.11.2000 only in so far it transfers him from Samastipur College, Samastipur to the D.B. College, Jainagar, Madhubani. 3. In the earlier order dated 13.9.2001 passed after going through the counter affidavit filed on behalf of the University and after hearing counsel appearing for the parties this court had expressed its reservation regarding the power of the Vice Chancellor to transfer a Class lll employee from one constituent unit to another constituent unit of the University. 4. On that date Mr. Navniti Prasad Singh had prayed for a short adjournment to get further instructions in the matter. Today on instructions received from the Vice Chancellor, Mr. Singh tried to defend the impugned order of transfer. Mr. Singh verbally stated that Class lll employees of ail constituent units of the University comprised one joint University cadre. But this court is of the view that apart from the verbal statement, there is nothing to substantiate or establish this position. This court wished to know whether a common seniority list of the so-called joint cadre of Class lll employees was available in the University. Mr. Singh replied that till now no such common list was prepared. 5. On the issue of the Vice Chancellors power to make transfer of a Class lll employee from one constitutent college to another Mr. Singh referred to sections 2 (i), 10 (6) and 10 (11) of the Bihar Universities Act. Section 2(i) defines Constituent College to mean a teaching institution maintained or controlled by the University. 6. Section 10 deals with the powers and functions of the Vice Chancellor of the University. 7.
Singh referred to sections 2 (i), 10 (6) and 10 (11) of the Bihar Universities Act. Section 2(i) defines Constituent College to mean a teaching institution maintained or controlled by the University. 6. Section 10 deals with the powers and functions of the Vice Chancellor of the University. 7. Sub-section (6) of section 10 empowers the Vice Chancellor to make appointment to posts within the sanctioned grades and scales of pay and within the sanctioned strength, of the ministerial staff and other servants of the University subject to the provisions of the Act, statute and ordinances. 8. Sub-section (11) gives to the Vice Chancellor the power of general control over the educational arrangement of the University and makes him responsible for the discipline of the University. It further provides that it would be lawful for the Vice Chancellor to take all steps which are necessary for maintaining the academic standard and administrative discipline of the University. 9. In my considered view the provisions of section 10 (6) have no relevence to the point at issue. So far as sub-section (11) of section 10 is concerned, a general power for maintaining the academic standard and administrative discipline of the University can hardly be stretched to include the power of transferring a Class lII employee from one constituent unit to another constitutent unit. Moreover, from the attending facts and circumstances it also appears that the transfer was by way of punishment rather than a measure of administrative discipline. 10. For all these reasons. I am unable to uphold the impugned order, transferring the petitioner from Samastipur College, Samastipur to the D.B. College, Jainagar, Madhubani. Therefore, the impugned order in so far as it seeks to transfer the petitioner is set aside and the respondent authorities are consequently directed to issue an order posting the petitioner in the college where he was working at the time of his suspension. 11. Needless to say that no observation made in this order is to be construed as expressing any opinion on the merits of the disciplinary proceeding pending against the petitioner and the respondent authorities will be free to proceed in the disciplinary proceeding against the petitioner in accordance with law. 12. This writ petitioner thus stands disposed of with the aforesaid observations and directions.