Patna High Court
Hari Kishore Pandey vs Dr. Rajendra Prasad Central ... on 4 March, 2024
Author: Anjani Kumar Sharan
Bench: Anjani Kumar Sharan
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.7860 of 2019
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Hari Kishore Pandey S/o late Bashishth Narain Pandey, Resident of Juran
Chara, Road No. 3, P.S. Brahmapura, Distt. Muzaffarpur. ... ... Petitioner/s
Versus
1. Dr. Rajendra Prasad Central Agricultural University Pusa, Samastipur
through its Registrar.
2. Vice Chancellor, Dr. Rajendra Prasad Central Agricultural University, Pusa,
Samastipur.
3. Director, Administration, Dr. Rajendra Prasad Central Agricultural
University, Pusa, Samastipur.
4. Comptroller, Dr. Rajendra Prasad Central Agricultural University, Pusa,
Samastipur.
... ... Respondents.
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Appearance :
For the Petitioner/s : Mr. Shankar Kumar Thakur
For the Respondent/s : Mr. Arvind Ujjwal
For the University : Mr. Chandra Mohan Singh
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CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
ORAL JUDGMENT
Date : 04-03-2024
Heard Mr. Shankar Kumar Thakur, learned counsel for
the petitioner, Mr. Arvind Ujjwal, learned counsel for the State
as well as Mr. Chandra Mohan Singh, learned counsel for the
University.
2. The petitioner has filed the present writ petition for the
following reliefs:-
(i) For quashing of order contained
in memo no.137/Ra/Pr/K/Kri/Vi/Go
dated 31.12.2018 issued by the
Registrar, Dr. Rajendra Prasad
Central Agricultural University,
Patna High Court CWJC No.7860 of 2019 dt.04-03-2024
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Pusa, Samastipur (hereinafter
referred to as "the University"),
whereby and whereunder the
petitioner has been inflicted with
punishment of withholding of one
increment for two years under Rule
11 of the CCS(CCA) Rules, 1965.
(ii) Further for quashing of the
appellate order issued by the Deputy
Registrar (Estt.) under the orders of
the Vice Chancellor, Dr. Rajendra
Prasad Central Agricultural
University, Pusa, Samastipur whereby
and whereunder the appeal filed by
the petitioner against the order of
punishment has been rejected and the
penalty has been modified from
withholding of increment for two
years to penalty of reduction to a
lower stage in the time scale of pay
by one stage only till 30.05.2019
without cumulative effect.
Patna High Court CWJC No.7860 of 2019 dt.04-03-2024
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(iii) For also direction to the
Respondents to immediately for
payment of full salary for the period
of suspension from 01.03.2018 to
31.12.2018
(petitioner not paid
subsistence allowance during
suspension period) as the petitioner
has not been gainfully employed in
any other work as required under
Allowance vide rule FR-53(2) of the
CCS (CCA) Rules, 1965.
(iv) Any other relief that the petitioner
may be found to be entitled to in the
facts and circumstances of the present
case.
3. Learned counsel for the petitioner submits that the
Registrar of the University has no power to pass order as per
Rule-5 of the Rajendra Prasad Central Agricultural University,
PUSA. According to the said Rule-5, "the appointment
Authority for the post of Group A shall be under the Board of
Management and for the post of Group B and C, it shall be
under the authority of Vice Chancellor". Therefore, the registrar
Patna High Court CWJC No.7860 of 2019 dt.04-03-2024
has no power to pass an order (Annexure-14 of the writ
application). He further submits that the petitioner has wrongly
filed an appeal before the Vice Chancellor (Annexure-16),
therefore, the Vice Chancellor had not passed any order in the
said appeal.
4. Considering the facts and circumstances of the case and
in the interest of justice, I set aside the Annexure-14 and
Annexure-16 to the writ application and remanded back it to the
University to pass an appropriate order in accordance with law.
5. Accordingly, this writ application is disposed of.
(Anjani Kumar Sharan, J)
shikha/-
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