Rajendra Kushwaha vs Rani Durgawati University ...
2023 Latest Caselaw 3627 MP

                                                                 1
                            IN    THE          HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE ANAND PATHAK
                                                    ON THE 1 st OF MARCH, 2023
                                                 WRIT PETITION No. 4389 of 2023

                           BETWEEN:-
                           RAJENDRA KUSHWAHA S/O LATE JAMUNA PRASAD
                           KUSHWAHA, AGED ABOUT 50 YEARS, OCCUPATION:
                           POSTED   AS CHOWKIDAR    (SUSPENDED) RANI
                           DURGAWATI UNIVERSITY, JABALPUR (MADHYA
                           PRADESH)

                                                                                                .....PETITIONER
                           (BY SHRI SUDHANSHU SINGH - ADVOCATE)

                           AND
                           1.    RANI DURGAWATI UNIVERSITY JABALPUR
                                 THROUGH ITS VICE CHANCELLOR DISTRICT
                                 JABALPUR (MADHYA PRADESH)

                           2.    THE INCHARGE REGISTRAR RANI DURGAWATI
                                 UNIVERSITY, JABALPUR (MADHYA PRADESH)

                                                                                             .....RESPONDENTS
                           (BY SHRI SHREYASH PANDIT - ADVOCATE)

                                 This petition coming on for admission this day, th e court passed the

                           following:
                                                                  ORDER

The petition has filed this petition seeking following relief:-

"i. The Hon'ble Court may kindly be pleased to set-aside the impugned order dated 10.02.2022 (Annexure-P/1) and to revoke the suspension of the petitioner with all consequential benefit.

ii. To grant any other relief which may deem fit and proper in the facts and circumstances of the case."

Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM

2. Petitioner is aggrieved by impugned order whereby he is placed under suspension. His main ground of attack is competence of Registrar, who passed the impugned order. According to the learned counsel for the petitioner, in view of the Full Bench decision of this Court in the case of Girja Shankar Shukla Vs. Sub Divisional Officer, Harda 1973 JLJ 405 [AIR 1973 MP 104] person who is in current charge has no power to exercise the power of competent authority.

3. Learned counsel for the respondent opposed the prayer by way of filing reply and placed the order dated 28.12.2022 as Annexure-R/1 whereby present

Registrar (Incharge Registrar) has been posted as Incharge Registrar of Rani Durgawati VishwaVidhyalaya, Jabalpur. Therefore, it is not a case of current charge per se. Learned counsel also referred the different show-cause notices issued to the petitioner seeking explanation regarding his conduct. He creates nuisance time and again in University premises to disrupt the proceedings. Departmental proceeding is underway and, therefore, he has rightly been placed under suspension.

4. Heard the learned counsel for the parties at length and perused the documents appended thereto.

5. This is a case where petitioner is taking exception to the impugned order of suspension on the ground of competence of Incharge Registrar.

6. Perusal of order dated 28.12.2022 (Annexure-R/1) issued by State Government Higher Education Department, it is clear that respondent No.2 has been appointed as Incharge Registrar of University and he is not in current charge. Incharge Registrar has all powers of Registrar to exercise as if he is

Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM

regular Registrar. It is not a one day or one assignment project for which respondent No.2 is on current charge. Therefore, the judgment as relied upon by petitioner was in respect of current charge situation. Current charge means a person who is given charge for the time being because of particular exigency for a day or for some time and, therefore, Full Bench of this Court in the said case observed so.

7. Here, in the present case, no such exigency exists and facts of the said case are materially different vis-a-vis present case. Both sets of facts move in different factual realm. Here, Registrar by the mandate of order passed by the State Government exercising the power of Incharge Registrar and, therefore, he was not bereft of jurisdiction/competence when he placed petitioner under suspension. Therefore, contentions regarding competence of Incharge Registrar, is misplaced. Hence, rejected.

8. No other point was raised by petitioner. Even otherwise, looking to the conduct of petitioner, he is rightly placed under suspension and Departmental Enquiry is also underway. Cumulatively, no case for interference is made out.

9. Petition sans merit is hereby dismissed.

(ANAND PATHAK) JUDGE AT

Signature Not Verified Signed by: APARNA TIWARI Signing time: 3/4/2023 11:55:17 AM