Jharkhand High Court
Dr. (Mrs.) Shamshun Nehar vs Ranchi University on 18 May, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(S) No. 2430 of 2023
Dr. (Mrs.) Shamshun Nehar ... ... Petitioner
Versus
1. Ranchi University, Ranchi through its Registrar, having office at
Ranchi University Campus, District - Ranchi, Jharkhand State
2. Vice Chancellor, Ranchi University, Ranchi having office at
Ranchi University Campus, District - Ranchi, Jharkhand State
3. Officer on Special Duty (Judicial) to the Chancellor of the
Universities of Jharkhand, having office at Chancellor's
Secretariat, Ranchi, District - Ranchi, Jharkhand State
... ... Respondents
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CORAM :HON'BLE MRS. JUSTICE ANUBHA RAWAT CHOUDHARY
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For the Petitioner : Mr. Ajit Kumar, Senior Advocate
For the Respondents : Mr. Anoop Kumar Mehta, Advocate
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02/18.05.2023 Learned Senior counsel for the petitioner and the learned
counsel for the respondent - University are present.
2. Learned Senior counsel for the petitioner has submitted that the
petitioner is aggrieved by the order of suspension as well as the
charge-memo issued by the Ranchi University, at the behest of the
Hon'ble Chancellor. The grievance of the petitioner is that the
Hon'ble Chancellor happens to be the appellate authority in the matter
of disciplinary proceedings and the appointing authority of the
petitioner is the syndicate of the university and therefore, there was no
occasion for the Hon'ble Chancellor to issue any direction to suspend
the petitioner and to issue charge memo against the petitioner. The
learned Senior counsel submits that on account of this reason, the
entire impugned action is fit to be set-aside.
3. The learned counsel appearing on behalf of the respondent-
University has opposed the prayer and has submitted that the Hon'ble
Chancellor has acted pursuant to report forwarded by the vice
chancellor and in terms of the provisions of Section 9(7)(ii) of the
Jharkhand State Universities Act and once any illegality is brought to
the notice of the Hon'ble Chancellor, he has the power to do the
needful in terms of the provisions of Section 9(7)(iii) of the Jharkhand
State Universities Act. He submits that he shall file a counter-affidavit
in the matter bringing on record the entire legal and factual aspect in
connection with the impugned action.
4. Learned counsel for the respondent University is directed to
seek instructions and file a counter-affidavit in the present case. The
counter-affidavit should include the report of the Vice Chancellor on
the basis of which, the Hon'ble Chancellor has taken the impugned
steps vide letter dated 16.01.2023 (Annexure- 8 to the writ petition).
5. Let a notice be issued to respondent no. 3 for which requisites
etc. under speed post and ordinary process be filed by tomorrow. Let
the notice accompany a copy of this order.
6. At this, the learned Senior counsel for the petitioner has prayed
for interim relief for stay of all the impugned actions and orders. In
support of his submissions, he has relied upon the judgement passed
by the Hon'ble Supreme Court reported in (2009) 10 SCC 388 (Zenit
Mataplast Private Limited Vs. State of Maharashtra and Others) and
has referred to paragraphs 30, 31 and 35 of the said judgment to
submit that the interim orders are to be passed on prima facie finding
and if the interim order is not granted, the present writ petition may
itself become infructuous. He has also submitted that basic principles
of grant of temporary injunction also govern grant of interim relief i.e.
prima facie case, balance of convenience and irreparable injury which
are required to be considered in proper perspective in the facts of the
particular case, but at the same time, it may not be appropriate for any
court to hold a mini trial at the stage of grant of interim injunction.
7. The learned Senior counsel for the petitioner has also relied
upon the judgement passed by the Hon'ble Supreme Court reported in
(2013) 16 SCC 147 (Union of India and Another Vs. Ashok Kumar
Aggarwal) (paragraphs 20, 21 and 22) to submit that it has been held
by the Hon'ble Supreme Court that the power of suspension should
not be exercised in an arbitrary manner and without any reasonable
ground or as vindictive misuse of power.
8. Learned counsel appearing on behalf of the respondents, while
opposing the interim relief, has opposed the prayer and has submitted
that merely because certain communications have been issued by the
Hon'ble Chancellor, the same by itself does not make the impugned
actions and orders without jurisdiction.
9. The learned counsel for the respondents has also submitted that
the impugned orders and actions are of January, 2023 and much time
has elapsed and the orders have already taken effect.
10. After hearing the learned counsel for the parties and
considering the facts and circumstances of this case and on the face of
the materials which have been brought on record, it appears that
certain communication or report was placed before the Hon'ble
Chancellor by the Vice Chancellor and the office of the Hon'ble
Chancellor issued letter dated 16.01.2023 based on the enquiry report
submitted by the office of vice- Chancellor and the order of
suspension and decision to initiate disciplinary proceedings have been
issued as a sequel to the order dated 16.01.2023. There are allegations
of financial and administrative irregularities against the petitioner.
This Court finds that the petitioner has also represented before the
Hon'ble Chancellor vide letter dated 17.03.2023 and has prayed
before the Hon'ble Chancellor to review/reconsider the entire matter
under Section 9(7)(iii) and Section 9(4)(Ka) of the Jharkhand State
Universities Act to revoke her suspension and in paragraph 20 of the
writ petition, it has been mentioned that the petitioner has not received
any response from the Chancellor's office. The aforesaid Section
9(7)(iii) is quoted as under:
"(iii) Any person aggrieved by such order of the Chancellor may
file representation to the Chancellor, who on consideration of the
representation shall have the power to affirm, modify or rescind
his earlier order and pass such other order or orders which he
may deem fit and proper."
11. This Court finds that the petitioner has herself invoked the said
provision by filing a representation before the Hon'ble Chancellor.
However, no relief as such has been prayed for by the petitioner in this
case seeking a direction upon the Hon'ble Chancellor for disposal of
the said representation dated 17.03.2023. The petitioner is
simultaneously availing two remedies, one before this court and
another before the Hon'ble Chancellor. As the petitioner has invoked
the aforesaid statutory provision which is pending consideration as per
the writ records, this Court is not inclined to grant any interim relief to
the petitioner .
12. Further, so far as stay of the disciplinary proceedings is
concerned, this Court is of the considered view at this stage that there
is no element of bias alleged against any of the authorities and merely
because the Hon'ble Chancellor has issued a communication based on
a report forwarded by the vice chancellor and has directed to conduct
departmental proceedings, the same will not vitiate the charge memo
issued against the petitioner and it cannot be said that the disciplinary
proceedings have been initiated at the behest of the Hon'ble
Chancellor.
13. In view of the aforesaid facts and circumstances, this Court
finds no reason to grant any interim relief to the petitioner and
accordingly, prayer for interim relief is hereby rejected.
14. The counter-affidavit of the respondents should be filed by
14.06.2023.
15. Rejoinder to the counter-affidavit should be filed by
21.06.2023.
16. Post this case on 22.06.2023.
17. Office to track the speed post-delivery and prepare appropriate
office note in connection with the service of notice upon the
respondent no. 3.
18. However, it is observed that pendency of this case will not be
an impediment on the part of the Hon'ble Chancellor to dispose of the
aforesaid representation already filed by the petitioner in accordance
with law, in case no order has been passed till date. If the aforesaid
representation has been disposed of or is disposed of during the
pendency of this case, a copy of the same be enclosed with the counter
affidavit.
(Anubha Rawat Choudhary, J.)
Pankaj
