Dr. Jai Prakash Narayan Jha vs The State Of Bihar & Ors on 13 May, 2014

[Cites 0, Cited by 1]

Patna High Court - Orders

Dr. Jai Prakash Narayan Jha vs The State Of Bihar & Ors on 13 May, 2014

Learned counsel for the Registrar has produced a letter dated 05.05.2014 written by Dr. R.N. Mishra describing himself as a Vice Chancellor of B.N. Mandal University, Laloonagar, Madhepura (Bihar) (hereinafter referred to as the University). By the said letter the Registrar of the University has been put to show cause notice on different grounds, which reads as follows:-

"On a visit to net on 04.05.2014, there has been an order dated 02.05.2014 relating to C.W.J.C No. 20332/2013. Therein in the same order, it is mentioned that a letter of the Registrar (i.e., you) addressed to him (i.e. Mr. Amar Nath Deo, the learned counsel for the state) which speaks the volumes against the conduct of Mr. R.N. Mishra. Therein, it is further mentioned that -----

----- is not allowing even the Registrar of the Unversity to produce the records despite earlier orders of the Court dated 24.2.2014 and 10.3.2014. You did so of course on you own accord without obyainig any consent/order for from the undersigned in dark.

Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 2

Is there any sanction to you to violate, antagonize, and not to take care of Laws of the University i.e., BSU Act-1976."

Let it be noted that the Registrar of the University has been put to show cause notice as to why a letter addressed by him to Mr. Amar Nath Deo dated 10.04.2014, was handed over to this Court by Mr. Amar Nath Deo, learned counsel for the State along with interim report of the three man Committee dated 28.04.2014.

In the said letter the Registrar of the University in fact had narrated the actions taken by him in detail as with regard to compliance of an order of this Court dated 24.02.2014 for making the records of the University available to the three man Committee constituted by the order of this Court but was obstructed by Dr. R.N. Mishra, the acting Vice Chancellor. The Registrar in his aforesaid letter dated 10.04.2014 having given six specific instance of such obstructions caused by the acting Vice Chancellor in his detailed letter had mentioned as follows:-

"I would like to inform that despites the efforts to comply the directions issued by the Hon'ble High Court and the Education Department, the attitude of the Vice Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 3 Chancellor as referred above the entire exercise are futiles it appears that the Vice Chancellor is no longer interested to give his cooperation in enquiry and on the principle of sub-ordination I am helpless to execute works and give full cooperation independently as convener."

As a matter of fact, when the aforementioned three man Committee interim report was brought to the notice of this Court on 02.05.2014, an order was passed by this Court, relevant portion whereof reads as follows:-

"Pursuant to the earlier order of this Court dated 10.3.2014, Mr. Amar Nath Deo, learned counsel for the State, has produced not only an interim report of the Three Men Committee but, also a letter of the Registrar of the University addressed to him, which speaks a volume against the conduct of Sri R.N. Mishra the present Acting Vice Chancellor of the B.N. Mandal University.

Prima facie, it appears that the present Acting Vice Chancellor is causing impediment in the functioning of the Three Men Committee and is not allowing even the Registrar of the University to produce the records despite earlier orders of this Court dated 24.2.2014 and 10.3.2014, relevant portion whereof reads as follows:-

Order dated 24.2.2014 "------- Pursuant to the earlier order dated 20.12.103 Mr. Amaranth Deo, SC 26, learned counsel for the State having obtained instructions from Education Department has not only produced a letter dated 24.2.2014 of the competent authority of the State Government addressing the three members of the committee, namely, Mr. Rahul Singh, Mr. P. K. Thakur and Mr. Atul Prasad to expedite the submission of the enquiry report but has also orally informed this court that the matter has now been taken at the highest level for an expeditious enquiry against Mr. R. N. Mishra, the present Acting Vice Chancellor of the University.

Though it has taken more than two months for the enquiry committee to begin its work but then keeping in view the impediment that the committee had faced, this court would expect the three men committee constituted by this court in its order dated 20.12.2013 to submit its first interim report on 10.3.2014 by at least looking into the grievances of Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 4 teaching and non-teaching employee against Mr. R. N. Mishra, the Acting Vice Chancellor. As the three men committee would require assistance at the level of the University head quarter, this court would direct Mr. Kumaresh Prasad Singh, the Registrar of the University to work as the convener of the three men committee. It will be, therefore, the duty of Mr. Singh in capacity of Registrar of the University to ensure that each and every document and information which are required by the committee for its enquiry against Mr. Mishra is made available and at the same time if any further assistance of any kind in furtherance of submission of the enquiry report is required by the three men committee, Mr. Singh will also ensure full cooperation to the committee so that it submits its report to this court expeditiously. If the committee would require to examine individual allegation including those by the writ petitioners before this court, the Registrar will also issue notice to such of the petitioners and others who may like to place their complaint and the evidence in support of their allegations against Mr. Mishra, the present Acting Vice Chancellor and/or any one abetting Mr. Mishra.------

" Order dated 10.3.2014 "-------Firstly, Mr. Amarnath Deo, learned SC-26 has produced an interim report of the three man Committee. The said report in fact seems to be only very very superficial in nature because the Committee probably has not even been supplied with the relevant records. The Registrar of the University has submitted that in fact the Committee till date has not sought any record from him even though in the report of the Committee it has been mentioned that further action will be taken by the Committee only on receipt of the records. Probably there is some sort of communication gap between the Committee and the Registrar. This Court therefore would direct the Registrar of the University present in the court room to immediately get in touch with the members of the Committee and ensure that whatever records are required and/or have been directed to be produced by the members of the Committee is made available to the Committee within a period of fifteen days from today.

The members of the Committee on receipt of the records and necessary information solicited from the office of the learned Chancellor will proceed to submit its further interim report within a period of six weeks i.e. on or before 28.04.2014.------"

Before this Court would pass an order in this regard, it would only give one opportunity to the learned counsel for Hon'ble Chancellor to apprise this Court as to how long the arrangement on the post of Acting Vice Chancellor is going to be continued, specially when the conduct of this Acting Vice Chancellor is literally paralyzing the functioning of the University in more than one manner as also the functioning of the Three Men Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 5 Committee, which has to enquire into the allegations made against the Acting Vice Chancellor himself.

Mr. Rajendra Kumar Giri, learned counsel for the Hon'ble Chancellor, prays for and is allowed time till 9.5.2014 to take instruction and file affidavit, if any." Today, Mr. Rajendra Kumar Giri having obtained instructions from Chancellor's Secretariat has produced a copy of letter no. 653 dated 10.05.2014, which reads as follows:-

jkT;iky lfpoky;] fcgkj jktHkou] iVuk&800022

------------------------------------------------------------------------------------------------------ i=kad&ch-,u-,e-;w-¼,p-lh-½&48@2013 653 @jk0l0¼1½ fnukad 10-05-2014 izs"kd] th-,u- v[kkSjh fo'ks"k inkf/kdkjh ¼fo0fo0½ lsok eas] dqyifr ch-,u- eaMy fo'ofo|ky;

e/ksiqjkA fo"k;& ekuuh; mPp U;k;ky; }kjk lh0MCyw0ts0lh0 ua 20332@2013 ,oa vU; oknksa esa fnukad 24-02-2014 dks ikfjr varfje vkns'k dk v{kj'k% vuqikyu lqfuf'pr djus ds lac/a k esaA egksn;] funs'kkuqlkj mi;qZDr fo"k;d ekuuh; mPp U;k;ky; }kjk lh-MCyw-ts-lh- ua- 20332@2013 ,oa vU; oknksa esa fnukad 24-02-2014 dks ikfjr vkns'k dh Nk;kizfr layXu djrs gq, dguk gS fd ekuuh; dqykf/kifr us fcgkj jkT; fo'ofo|ky; vf/kfu;e 1976] v|ru la'kksf/kr] dh /kkjk 9¼1½ ,oa 9¼2½ esa fufgr 'kfDr;ksa ds v/khu funs'k nsus dh d`ik dh gS fd mDr U;k;kns'k esa of.kZr f=lnL;h; lfefr }kjk dh tk jgh tkap esa fo'ofo|ky; dh vksj ls visf{kr lg;ksx fd;k tk,A lkFk gh] ekuuh; mPp U;k;ky;] iVuk }kjk ikfjr mDr varfje vkns'k dk v{kj'k% vuqikyu lqfuf'pr djus dh fn'kk esa Rofjr dkjZokbZ dh tk;s ,oa dh xbZ dkjZokbZ dh v|ru fLFkfr ls bl lfpoky; ,oa mPp f'k{kk foHkkx dks voxr djkus dk d"V fd;k tk;sA fo'oklHkktu g0@& th- ,u- v[kkSjh½ fo'ks"k inkf/kdkjh ¼fo0fo0½ Having regard to the situation created by Dr. R.N. Mishra, the acting Vice Chancellor of the University in Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 6 causing impediment in the functioning of the three man Committee as also threatening the Registrar of the University who has been appointed as convener to the three man Committee by this Court, no option is now left to this Court save and except restraining the functioning of Dr. R.N. Mishra in capacity of the acting Vice Chancellor of the University.

Let it be noted that Dr. R.N. Mishra was appointed as acting Vice Chancellor under purely temporary arrangement under the order of the learned Chancellor till appointment of regular Vice Chancellor as directed by the Apex court in S.L.P (c) No. 12409 of 2013. The orders of this Court, however, passed in this case right from 25.10.2013, 27.11.2013, 02.12.2013, 20.12.2013, 21.01.2014, 17.02.2014, 24.02.2014, 10.03.2014 and 02.05.2014 read individually or collectively will leave nothing for speculation that Dr. R.N. Mishra by his deliberate act of omissions and commissions has created innumerable administrative problems as a result whereof Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 7 the entire functioning of the University has been paralysed. Now, when this Court has found that he is even interfering in the functioning of the three man Committee and is also threatening convener of the Committee as with regard to the compliance of the order of this Court for producing the records before the three man Committee, this Court is satisfied that Dr. R.N. Mishra does not deserve to be continued even as an acting Vice Chancellor or Vice Chancellor as he describes himself, even for a minute. Thus, Dr. R.N. Mishra shall cease to function as a Vice Chancellor of the B.N. Mandal University or even in any other capacity till further orders of this Court.

Mr. Giri has informed that a regular Vice Chancellor of B.N. Mandal University, in compliance of the order of the Apex Court is going to be appointed by 22nd of May, 2014, but then this Court keeping in view the mayhem which has been created by Dr. R.N. Mishra in capacity of acting Vice Chancellor of the University cannot allow him to function even for a day much less for the remaining Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 8 days in which the learned Chancellor is expected to appoint regular Vice Chancellor of the University.

Taking this aspect into consideration, this Court would direct that the Vice Chancellor of Tilka Manjhi Bhagalpur University shall in addition to his own duty also function as the Vice Chancellor of B.N. Mandal University till regular Vice Chancellor of B.N. Mandal University is appointed by the learned Chancellor.

As this Court is informed that despite an order of restrain passed on 02.12.2013 an amount of Rs. 36 lacs in the name of retirement benefit has been drawn by Dr. R.N. Mishra and that too by removing the Finance Officer and making some stop gap arrangement for ensuring payment to him contrary to the interim direction issued by this Court. It is hereby also directed that the Registrar of the University with the approval of the successor Vice Chancellor namely, the Vice chancellor of Tilka Manjhi Bhagalpur University would file a self contained report as with regard to entire payment drawn by Dr. R.N. Mishra Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 9 on or after 02.12.2013. This must be done within a period of two weeks from today. It is also made clear that henceforth no payment of any nature whatsoever shall be made to Dr. R.N. Mishra till further orders of this Court.

Dr. R.N. Mishra is also hereby directed to file his show cause reply as to why a proceeding of contempt should not be initiated against him for violating the orders of this Court dated 02.12.2013, 20.12.2013, 24.02.2014, 10.03.2014 and 02.05.2014. Since, Dr. R.N. Mishra, in this case is already being represented by Mr. Bipin Bihari Singh an advocate of this Court, no fresh notice is required to be issued to him. It is, however, directed that Dr. R.N. Mishra shall personally remain present before this court on 02.06.2014.

Put up this case on 02.06.2014 at the top of the list. Pending final disposal of this writ application, no action shall be taken against the Registrar of the University in pursuance of the aforementioned show cause notice dated 05.05.2014 and/or for any other official act in Patna High Court CWJC No.20332 of 2013 (15) dt.13-05-2014 10 exercise of his power including production and furnishing of the documents and/or any other documents required by the three man Committee in capacity of the convener of the Committee, as per the earlier order of this Court dated 24.02.2014.

Let a copy of this order be given to Mr. Rajendra Kumar Giri, learned counsel appearing for the learned Chancellor, Mr. Bipin Bihari Singh, learned counsel appearing on behalf Dr. R.N. Mishra, the acting Vice Chancellor of the B.N. Mandal University, Mr.Amarnath Deo, learned SC No. 26 and Mr. Ranjan Kumar Jha, learned counsel appearing on behalf of the Registrar of the University for its being complied by all concerned in its letter and spirit.

(Mihir Kumar Jha, J) Ranjan/-

Unlock Advanced Research with PRISMAI

Patna High Court - Orders