Research › Search › Judgment

Jharkhand High Court · body

2010 DIGILAW 638 (JHR)

Sunil Kumar v. State Of Jharkhand Through its Secretary, H. R. D. Department Higher Education, Government of Jharkhand, Ranchi

2010-05-24

D.N.PATEL

body2010
JUDGMENT : D.N. Patel, J. The present writ petition has been preferred mainly being aggrieved by the order, passed by the Principal, Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi, dated 25th August, 2008 at Annexure-5 to the memo of petition whereby, the petitioner, who was working as Lecturer with the College, has been compelled to go on leave for three months, without giving any show cause, without holding any inquiry and without any punishment order. Each and everything are presumed by the Principal of the College and directly, an order of punishment has been passed. 2. Learned Counsel for the petitioner submitted that the petitioner was working as Lecturer with the College honestly, sincerely, diligently and to the satisfaction of the respondents. Never any show cause notice was given in past and never any punishment has been inflicted upon the petitioner. 3. Learned Counsel for the petitioner further submitted that arbitrarily an order dated 25th August, 2008 has been passed by the Principal of the College, without giving any show cause notice, without giving any opportunity of being heard and without holding any inquiry and directly, an order of punishment has been passed directing the petitioner to go on leave for three months and, therefore, such an arbitrary and illegal order deserves to be quashed and set aside. 4. I have heard learned Counsel for the respondents, who has submitted that there are several irregularities committed by the present petitioner. He was not attending the classes properly and he was always busy with his Ph. D. work and therefore, the order at Annexure-5 has been passed by the respondent-College. Nonetheless, now an order has been passed dated 22nd May, 2010, which is annexed at Annexure-A to the counter affidavit, filed by the Principal of the College, whereby, the impugned order dated 25th August, 2008 has been withdrawn and therefore, the petition deserves to be dismissed. 5. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case: (i) It appears that the present petitioner was working as Lecturer in Sociology subject with the respondent-College since 1987, onwards. 5. Having heard learned Counsel for both the sides and looking to the facts and circumstances of the case: (i) It appears that the present petitioner was working as Lecturer in Sociology subject with the respondent-College since 1987, onwards. (ii) It appears that on 25th August, 2008, an order has been passed by the Principal of the College, whereby, the petitioner has been compelled to go on leave for three months, as the petitioner is not knowing anything what is going on in the college and he is busy with his Ph. D. work. Neither any show cause notice was ever given, nor any charge sheet was served, nor any inquiry has ever been conducted. Everything has been presumed by the Principal of the College. There is no inquiry report and directly an order of punishment has been passed, which is beyond the power, jurisdiction and authority of the Principal of the College. In no circumstances, such an order could have been passed by a responsible officer i.e. Principal of a College. The impugned order is, thus, full of arbitrariness. (iii) Looking to the impugned order at Annexure-A to the counter affidavit, which is dated 22nd May, 2010, it appears that the impugned order dated 25th August, 2008 has been withdrawn, but, several adjectives have been attached to the present petitioner that he is not taking any interest in the affairs of the college and he is keeping himself busy in personal works etc. For these sentences, the learned Counsel for the petitioner has shown his grievances and has submitted that this type of withdrawal of the order speaks so many things about the present petitioner, which requires inquiry to be conducted. In absence of any charge sheet or any inquiry report and without conducting any inquiry, no such conclusion can be drawn by the Principal of the College. 6. In view of the aforesaid facts and reasons, I hereby, quash and set aside the impugned order at Annexure-5) dated 25th August, 2008, as the same is passed, without giving any opportunity of being heard to the petitioner. The petitioner will be entitled to all the consequential financial benefits, as he has been compelled to go on leave for the three months. This amount will be paid at a simple interest at the rate of 6% per annum from the date on which this amount was legally payable. The petitioner will be entitled to all the consequential financial benefits, as he has been compelled to go on leave for the three months. This amount will be paid at a simple interest at the rate of 6% per annum from the date on which this amount was legally payable. Initially, an amount of interest will be paid by the Management of Mahendra Prasad Inter Mahila Mahavidyalaya, Ranchi, which will thereafter, be deducted from the salary/retirement benefits of the erring officer of the aforesaid college, after holding inquiry. The exercise of payment of financial benefit to the petitioner will be completed within a period of fifteen days from today. The promptness with which the impugned order has been passed by the Principal of the College, the same degrees of promptness will be shown by the Principal of the College in making payment of the aforesaid amount with interest. The impugned order at Annexure-5 is quashed and set aside, irrespective of the withdrawal order dated 22nd May, 2010, which is at Annexure-A to the counted affidavit, as the withdrawal order is putting so many allegations against the present petitioner. 7. Accordingly, this writ petition is allowed with a cost of Rs. 5,000/ - (Rupees five thousand only) which will be paid by the Principal of the College to the petitioner, within a period of fifteen days, from the date of receipt of a copy of the order of this Court, If this amount is not paid, I hereby, direct the Management of Mahendra Prasad Inter Mahila Mahavidyalaya, Ranchi to deduct the aforesaid amount from the salary/retirement benefits of the Principal of the College and the same will be paid by the Management to the petitioner, within a period of two months, upon failure of payment of cost by the Principal of the College. Petition allowed.