Patna High Court
Vinay Kumar, Assistant Professor Cum ... vs The Bihar Agriculture University ... on 24 June, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.10231 of 2020
======================================================
Vinay Kumar, Assistant Professor Cum Junior Scientist (Soil Seience and
Agrivultural Chemistry) in the Post-Graduate Department of Bihar
Agricultural University (BAU), Sabour, Bhagalpur at Present Posted at Jute
Research Institute, Katiahr, and about 43 Years (Male), Son of Bhup Narayan
Mahto, Resident of Type 4,Block B, Quarter No. 24, BIhar Agrivultural
Collge Residential Canpus Sabour, District-Bhagalpur, Pin-813210.
... ... Petitioner/s
Versus
1. The Bihar Agriculture University (BAU), Sabour through its Registrar
Having Office at Sabour, Bhagalpur, Bihar-813210.
2. The Hon'ble Vice Chancellor of Bihar Agricultural University (BAU),
Sabour.
3. The Director, Administration, Bihar Agricultural University (BAU), Sabour,
Bhagalpur.
4. The Director, Extension Education Cum Chairman allotment Committee,
Bihar Agricultural University (BAU), Sabour, Bhagalpur.
5. The Dean (Agriculture), Bihar Agricultural University (BAU), Sabour,
Bhagalpur.
6. The Executive Engineer (Allotment), Bihar Agricultural University (BAU),
Sabour, Bhagalpur.
7. The Associate Director Research Station (JRS), Katihar, BIhar, a Unit Under
Bihar Agricultural University (BAU), Sabour, Bhagalpur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anand Kumar Ojha, Sr. Adv.
For the Respondent/s : Mr. Sanjeev Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 24-06-2025
Heard Mr. Anand Kumar Ojha, learned Senior Counsel
appearing on behalf of the petitioner and Mr. Sanjeev Kumar,
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
2/12
learned counsel for the respondents.
2. Learned counsel appearing on behalf of the
petitioner at the outset seeks to delete sub-paragraph Nos. VI &
VII of para-1 of the main writ petition in course of the day for
the present writ petition.
3. The petitioner in paragraph No. 1 of the present writ
petition has sought inter alia following relief(s), which is
reproduced hereinafter:
i. " Issuance of writ in the nature of certiorari for quashing the
office order No. 282 dated 22.06.2020 including the decision of
the House Allotment Committee dated 04.06.2020 to the extent of
cancellation of the residential accommodation of the quarter
bearing Type-IV, Quarter No. 24 allotted to the petitioner as back
as on 24.05.2016 by the house allotment committee proceeding
dated 14.05.2016 on the ground that the same is in breach of Rule
6.8 read with 7.0 of the House Allotment Rules, 2017 and the
latent impact of this decision is changing the service condition of
employee justifying "transfer" to non teaching assignment against
law and fundamental rights under Article 14, 16 and 21 of the
Constitution of India.
ii. Issuance of declaration that without any objection against the
allotted house and continuance of the petitioner and his family in
all these years, the allotment cannot be declared unauthorized as
to cause cancellation and imposition of penal rent apart from the
fact known to the University that neither any HRA was claimed nor
any request for or allotment of any quarter took place with a result
that the 2016 allotted quarter remained with the petitioner against
which regular rent was paid and no objection was ever raised.
iii. Issuance of declaration that University has not right to impose
penal rent as after long lapse it had declared the occupation of the
house as unauthorized without any objection throughout the period
it had suddenly treated to the unauthorized occupation of the
petitioner and his family.
iv. Issuance of declaration that regularly allotted house not
subjected to any cancellation for two years at least require a show
cause notice before cancelling the 2016 allotment of the house used
for the family of a teacher in all these years and during the present
Covid pandemic.
v. Issuance of declaration that the University regularly accepted the
regular rent deposited by the petitioner without any whisper ever on
the continuance in the duly allotted house hence as barred under law
of estopple, the University is not allowed to approbate and reprobate
killing the rights of employee.
vi. Issuance of further declaration that the issue needs
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
3/12
adjudication as such deputation/posting outside teaching
assignments destroys/mars the promotion under Career
Advancement Scheme which is based on appraisal of teaching and
research work without any Clause for any appraisal of non teaching
assignments.
vii. Issuance of further declaration that the issue needs
adjudication also because the teachers retained in the faculty of PG
department for teaching work would enjoy a march over those
posted non teaching assignments and such teachers like petitioner
would scanned discriminated and deprived of promotion which
amounts to violation of fundamental rights under Article 16(1).
viii. Issuance of writ in the nature of certiorari for quashing the
Letter No. 485 dated 28.07.2020 (wrongly mentioned as 03.07.2020)
by which the representation dated 26.06.2020 based on the plea of
Section 15(1) of the Act and Clause 2.6(1)(a) of the Statute and the
Housing Rules was summarily rejected.
ix. Issuance of writ in the nature of certiorari for quashing the
Letter No. 408 dated 25.08.2020 by which declaring the punishment
of penal rent the authorities are seeking reply on the mode of
recovery even though the decision on declaring the occupation as
unauthorized was already taken on 14.06.2020 itself by the Housing
Committed in which the both the DA and the Dean were members
hence the letter dated 25.08.2020 like the letter dated 28.07.2020 of
the DA was an eye wash as it was only post decisional after the
cancellation of allotment already made on14.06.2020 hence the
status was already declared by multi member Committee.
x. Issuance of declaration that the decision of Housing Committee
dated 04.06.2020 is bad as it violates the statutory rights and service
rights of the teachers and without any show cause notices the
Committee having Dean and DA as its member decided to cancel the
allotment which is actually altering the status of the Teacher.
xi. Issuance of writ in the nature of certiorari for quashing the
Letter No. 214 dated 15.06.2020 by which the status of all the
teachers posted on deputation at non equivalent posts in the UG
Department had been changed overnight to kill all the agitation of
deputation allowance to such teachers posted for 4/5 years and
matter being pending before the Hon'ble Chancellor.
xii. Issuance of writ in the nature of certiorari for quashing the
Letter No. 40 dated 03.09.2020 based on Letter of the DA bearing
Letter No. 636 dated 01.09.2020, (never supplied to the petitioner
and not explained in the impugned order dated 03.09.2020 also) by
which the recovery from salary was made and direction to vacate the
quarter was issued.
xiv. Issuance of declaration that the substantive dispute by teachers
of the post graduate department being pending and a grievance by
teachers being deputed as different places within BAU but without
any deputation allowance being under the consideration of the
Hon'ble Chancellor, it is unfair by the University to give effect to its
own notion and right to transfer such teachers even in the non
teaching assignment.
xv. Issuance of declaration the teachers deputed for non equivalent
works affects the academics and career of teachers being in
violation of the basic service condition under the statues and an
order of absorption is equally bad when the post is non equivalent
and the matter is under the consideration of the Hon'ble chancellor
and also declare that the decision under Letter No. 117 dated
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
4/12
08.09.2020
as a follow up step to absorb the petitioner against the
post of Assistant Professor at Katihar is just another illegality but
albeit in the form of exposure of earlier deputation against non
teaching assignment.
xvi. Issuance of direction to the authorities that there should be no
recovery from the salary and no coercive steps like forcible vacation
of the Quarter occupied by the family of the petitioner having female
member and kids should be carried out till the matter is finally
decided by this Hon'ble Court and the Hon'ble Chancellor."
4. At the outset, learned counsel informs that the
petitioner has filed his representation dated 01.08.2020 under
Section 36(1) of the Bihar Agriculture University Act, 2010,
before the Chancellor and as per the instructions of the
petitioner, the petitioner does not want to proceed with the said
representation, which is still pending till date. In that view, he
seeks to delete para Nos. 14 & 15 of the writ petition in course
of the day.
5. Permission accorded.
6. Learned counsel appearing on behalf of the
petitioner submitted that vide letter no. 408, dated 25.08.2020,
the petitioner was imposed penalty a sum of Rs. 7,47,157/- as a
consequence of non-vacation of the residential quarter for the
period 24.12.2018 to 24.08.2020. The main contention of the
petitioner is that no show-cause notice was issued before taking
penal action against him and, as such, the very notice dated
25.08.2020 is liable to be set-aside and quashed.
7. Learned counsel in support of his argument has
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
submitted that the petitioner was appointed on 26.05.2015 and
joined on 30.05.2015 with a condition to abide by the terms and
conditions of the appointment. Learned counsel further
submitted that the petitioner was residing in the quarter no. 24,
"Type -IV", and no objection was ever raised after the said
quarter was allotted to him in the year 2016. Thereafter, the
petitioner was transferred by the Director of Administration vide
order no. 199, dated 20.09.2018 to JRS, Katihar and
accordingly, the petitioner was relieved to join JRS, Katihar on
24.09.2018. The period involved in the alleged unauthorized
possession of the quarter is from 24.12.2018 to 28.04.2020.
Learned counsel further submitted that the petitioner was finally
retained at the place of transfer i.e., JRS, Katihar and was posted
as Assistant Professor-cum-Junior Scientist, Department of Soil
Science, JRS, Katihar, vide letter no. 117, dated 08.09.2020. It is
the case of the petitioner that so far as the period between
24.12.2018 till 2019 is concerned, pandemic broke out in
November 2019 and the authority themselves allowed the
petitioner to remain in the quarter and never objected to it. They
also accepted the normal rent fixed for the said quarter.
8. So far as the pandemic period is concerned, the
entire globe was facing pandemic including India before its final
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
normalcy in the year 2021. During this period, several SOPs
were issued, and in view of the containment zones and restricted
movement, the petitioner, who was living with his family, was
constrained from vacating the quarter.
9. Learned Counsel further submitted that the order
involving the penal action taken against the petitioner is without
authority of law. It is well settled that, before taking any penal
action, including imposition of penalty, at least an opportunity
of hearing was required to be given to the petitioner before
passing the order. Aggrieved by the said order, petitioner
represented before the Chancellor during the COVID period,
and also before the Grievance Redressal Committee. Learned
Counsel submitted that since the petitioner has instructed him
not to press the representation filed before the Hon'ble
Chancellor, he proceeded to submit the matter before the
Grievance Redressal Committee. Considering the fact that no
opportunity was given to the petitioner, despite the fact that as
per the terms and conditions laid down in letter no. 236, dated
24.05.2016, he was required to abide by the terms and
conditions of the House Allotment Rule, 2017, the letter
including the allotment of the quarter was made to the
petitioner. Learned Counsel further informed that the said letter
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
of allotment has been brought on record by way of Annexure-
R3/E on behalf of respondent no. 03.
10. On these grounds, learned counsel submitted that
the action taken against the petitioner insofar as penalizing him
by imposing penal rent for the period from 24.12.2018 to
24.08.2020 is not in accordance with law and is therefore
required to be interfered with by this Court.
11. Per contra, Mr. Sanjeev Kumar, learned Counsel
appearing on behalf of the university, submitted that the service
condition of the petitioner is governed as per the terms and
conditions of Bihar Agriculture University Act, 2010 and the
petitioner was required to abide by the terms and conditions
contained in allotment letter no. 236, dated 24.05.2016, which
the respondents have brought on record by way of Annexure-
R3/E. In this regard, a specific statement has been made in
paragraph no. 09 that the petitioner was allotted residential
accommodation on the recommendation of the House Allotment
Committee, while he was posted under the PG Department of
the University Headquarters vide letter no. 236, dated
24.05.2016. The allottee can only be permitted to retain the
quarter as per clause 7 of the House Allotment Rule, 2017 for a
period of not more than 03 months from the date of relieving.
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
The petitioner had admitted that he was relieved on 09.10.2018,
and after three months from the date of relieving, the petitioner,
in terms of the allotment letter and clause 7 of the House
Allotment Rules, became liable for penal rent. Penal rent has
been fixed and the petitioner is bound to make payment. The
total amount has been calculated to Rs. 7,47,157/-, and now the
petitioner cannot take the plea of violation of Principle of
Natural Justice.
12. Learned counsel further submitted that, against
letter no. 408 dated 25.08.2020, the petitioner had approached
the Grievance Redressal Committee of the University where the
Grievance Redressal Committee considering the provision
contained in clause 7 of the Rules, as well as, the terms and
conditions of the allotment letter, declined to pass any order
contrary to the rules. The penal rent was fixed and the same
was communicated to the petitioner vide letter dated
25.08.2020.
13. Learned counsel further submitted that the
petitioner's case was reviewed on 07.07.2020 and it was found
that the transfer of the petitioner was proper and just. Further,
the committee recommended deduction of the penal rent for the
quarter occupied by the petitioner for the period exceeding the
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
permissible limit. The petitioner has not challenged the order
passed by the Grievance Redressal Committee, dated
07.07.2020. Learned Counsel further submitted that in
paragraph no. 16, the respondents have specifically stated that
similar penal action has also been imposed earlier in cases of
other employees and even in case of deputation.
14. Heard the parties.
15. Having considered the rival submissions made on
behalf of the parties, the moot question which arises for
consideration is, as to whether, any penal action can be taken
without giving proper opportunity. It is admitted that the
petitioner was allotted the quarter on the recommendation of the
House Allotment Committee, vide letter no. 236, dated
24.05.2016. The petitioner finally occupied the quarter in the
year 2016, and thereafter, he was transferred to JRS, Katihar
vide memo no. 604, dated 24.09.2018. The transfer order dated
20.09.2018 stipulates that the petitioner was to abide by the
terms and conditions of the House Allotment Committee, as per
the office order dated 24.05.2016, which mandates that the
petitioner, like the other 19 persons who were allotted the
respective quarters, was required to comply with the terms and
conditions of the House Allotment Rules. It is the case of the
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
petitioner that despite of the transfer/deputation, no penal action
was taken, nor he was asked anytime to vacate the quarter,
rather, the petitioner, without any default, continued to make
payment of the prescribed rent without fail. The JRS, Katihar
falls within the jurisdiction of Bihar Agriculture University, and
as such, the petitioner was aware of the fact that he had
occupied quarter no. 24, where his family resides and no other
house was ever applied for or allotted and he has also stated the
same in paragraph no. 25 of IA No. 01 of 2021.
16. The entire globe faced the pandemic 2019, and so
far as the period before the outbreak of the pandemic in
November 2019 is concerned, this court finds that from the date
of transfer of the petitioner vide notification no. 992, dated
20.09.2018 till November, 2019, the petitioner had made
specific statement that the university charged a normal rent and
they had not issued any show-cause to the petitioner, nor
intimated the petitioner to vacate the quarter. Moreover, the
petitioner was not allotted any quarter at the place of transfer
i.e., JRS,Katihar and all of a sudden, it appears that Dean
proceeded to take action against the petitioner and penalized
him by imposing penal rent to be paid by him within the
specified period vide, letter no. 408, dated 25.08.2020
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
( Annexure-7). The conduct of the Dean shows that he did not
take into account the fact that the authorities of the University
were themselves responsible for allowing the petitioner to
continue to remain in the flat. They have admitted that the
petitioner was not allotted any quarter at the place of transfer at
JRS, Katihar which is a unit of the University. This Court finds
that the Grievance Redressal Committee of the University, apart
from considering other issues and grievances raised by the
petitioner, has not at all considered the aspect relating to the
imposition of penal interest against the petitioner. No show-
cause notice was issued to the petitioner before charging penal
interest, as well as, no reason has been assigned as to why, the
petitioner was allowed to continue till the period of pandemic
broke. So far as period between November, 2019 till 24.08.2020
is concerned, in view of the pandemic and several SOPs issued
by the central government and state government as well as the
University, no penal interest can be charged for the said period.
The order passed by the Grievance Redressal Committee dated
07.07.2020 contained in Annexure-R3 J to the counter affidavit
as well as, order dated 25.08.2020 passed by the Dean
(Agriculture) are set-aside and quashed. In view of the fact that
this Court has already quashed the orders dated 07.07.2020 and
Patna High Court CWJC No.10231 of 2020 dt.24-06-2025
25.08.2020, any consequential letter/order thereto are also set-
aside and quashed. The matter is remitted to the Grievance
Redressal Committee to consider the case of the petitioner and
pass a reasoned order in accordance with the law. It is expected
that expeditious action will be taken by the Grievance Redressal
Committee and shall consider the grievance of the petitioner
within four weeks from communication of this order.
17. Accordingly, the present writ petition stands
disposed of.
18. Interlocutory application(s), if any, also stands
disposed of.
(Purnendu Singh, J)
Sudhanshu/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 02.07.2025
Transmission Date NA
