SUDHIR KUMAR Vs. RANCHI UNIVERSITY RANCHI

JUDGEMENT

(1.) THE petitioner has filed this writ petition, under Article 226 of the Constitution, as a Public Interest Litigation, seeking writ of mandamus directing the Ranchi University, Ranchi (Respondent No. 1) and its Vice Chancellor (Respondent No. 2) to lodge a criminal case against Respondent Nos. 3 to 6 for misuse of official power, committing misappropriation of public fund and cheating the respondent University in conspiracy with each other and also to initiate a proceeding for recovery of huge public fund, which has been misappropriated by paying salary to Respondent No. 3 as teacher of Mandar College, teacher of Women's College, Ranchi and also in the head of Junior Research Fellowship, at a time, causing serious wrongful loss to the Respondent No. 1 in conspiracy with each other and under the influence of the Respondent No. 3, who is the husband of the Respondent No. 4. Prayer for initiation of disciplinary proceeding against the said respondents has also been made.

(2.) PURSUANT to the notice issued by this Court, the respondents have appeared through their respective counsel and have filed counter affidavits. The petitioner has not filed rejoinder affidavit in reply thereto. We have heard the learned Counsel for the parties.

(3.) THE allegations made by the petitioner in his write petition have been specifically denied by Respondent No. 3 and 4 in their counter affidavits. Respondent No. 4 in paragraph No. 11 of her counter affidavit has stated that she had not received any salary from any college for the period in question and what she actually received was a cheque for Rs. 535/ for doing invigilation work and for evaluation of answer books on the request of her guide for Ph. D. research, she has also stated that she has never received the account of Rs. 400/ from Mandar College, Mandar, and the petitioner has filed fabricated documents alleged to be acquittance Roll for the month of March, 1985, containing her forged signature. In this connection Respondent No. 4 has stated in her counter affidavit that an enquiry was conducted by the Vice Chancellor regarding payment of Rs. 535/ and it was found that the allegations made against her were incorrect. It was also been pointed out by her that a criminal case, being Complaint Case No. 2 of 1992, was also instituted against her with the similar allegations by another person and the learned Chief Judicial Magistrate, Ranchi, vide order dated 30.6.1993 dismissed the complaint holding that she has not committed any wrong and no case is made out against her.