Shyamal Kumar Biswas vs The State Of Bihar
2023 Latest Caselaw 4061 Patna

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Civil Writ Jurisdiction Case No.11718 of 2023
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Shyamal Kumar Biswas S/o Late Bibhuti Bhushan Biswas, Resident of Shiva- jee Nagar, P.S.- Town Thana, District Darbhanga.

... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary Education Department, Govt. of Bihar, Patna.

2. The Principal Secretary, Finance Department, Govt. of Bihar, Patna.

3. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga.

4. The Special Secretary, Bihar School Examination Board, Patna.

5. The Secretary, Department of Vigilance, Govt. of Bihar, Patna.

6. The Principal, Rama Ballabh Jalan Bela College, Bela, Darbhanga.

7. The Principal, Rama Ballabh Jalan Inter College, Sahila Sonki, Darbhanga.

8. The Secretary, Mr. Ajay Kumar Jalan, R.B. Jalan Bela College, Bela and In-

ter College, Sahila Sonki, Darbhanga.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Santosh Kumar Singh, Advocate For the Respondent/s : Mr. P.K. Shahi (AG) Mr. Md. Nadim Seraj, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 25-08-2023

The writ petition is filed for a direction to conduct

an enquiry against the respondents, who are alleged to have

committed fraud and embezzled Government money. The

allegation is that the college in which the 6 th respondent is

the Principal and the intermediate college in which the 7 th

respondent is the Principal, are both carried on under the Patna High Court CWJC No.11718 of 2023 dt.25-08-2023

same code issued by the State Government which is against

law. However, there is nothing stated as to how the code is

assigned to a college by the State Government and in what

manner the illegality arises.

2. There is also an allegation that the Secretary

of the college who is impleaded as the 8th respondent is a

minor and studied in the same college in a graduate course.

There is also an allegation made against the Principal and

unsubstantiated accusations made regarding his appoint-

ment which is stated to be in the year 2013 or 2006. Again

a utilisation certificate is produced as Annexure P-4 and

reference made to one graduate student who is alleged to be

a minor, but asserted to be appointed as an employee in the

college. The allegations are made without any specification

of the post to which the person is appointed and the course

in which he is continuing in the college. Bald allegations

regarding appointments are also made, again without any

clarity.

3. The petitioner admits that the University

had conducted an inspection in the college and found

embezzlement. Again, it is stated that the U.G.C. guidelines Patna High Court CWJC No.11718 of 2023 dt.25-08-2023

prohibit a person prosecuted or convicted under the D.I.R.

or M.I.S.A. or any other law to be continued as a member

of a Governing Body or Ad-hoc committee. But for the

further assertion that the 8th respondent is still working in

the governing body of the college, nothing is stated as to the

details of his conviction or prosecution. There are

absolutely no materials produced by the petitioner to

further the prayer for enquiry.

4. We find the writ petition, purportedly filed

under public interest to be a malicious attempt to malign the

college and its functionaries; who are also not impleaded in

their personal capacity, which is required, if allegations are

made of an abuse of power and malafide acts including

embezzlement and fraud played on the Government. We

cannot condone such fishing expeditions made without any

responsibility and making bland allegations without

substantiation.

5. We dismiss the writ petition with cost

imposed of Rs. 5000/- payable to the Bihar State Legal

Services Authority. If the amount is not paid within two

weeks, the Legal Services Authority shall be entitled to Patna High Court CWJC No.11718 of 2023 dt.25-08-2023

recover the same from the petitioner as an arrear due on

land.

6. The writ petition stands dismissed with the cost

directed as above.

(K. Vinod Chandran, CJ)

( Partha Sarthy, J) Anushka/-

AFR/NAFR
CAV DATE
Uploading Date          29.08.2023
Transmission Date