- (1.) The Petitioner was appointed as Junior Scientist-cum-Assistant Professor, Soil (Agro Forestry), in the Birsa Agricultural University, Ranchi on 5.11.1990. According to the service condition, services of the Petitioner was transferable within the zone of Birsa Agricultural University. On 25.8.2003, the Vice Chancellor, Birsa Agricultural University transferred the Petitioner from Birsa Agricultural University, Kanke to Z.R.S., Dumka but the Petitioner did not join his new assignment at Dumka, though he had been relieved from his office at Kanke on 26.8.2003. When the Petitioner did not join his new posting, several reminders, according to the Respondents, were given to the Petitioner whereby the Petitioner was asked to give his Joining. He was even requested through notice published in the newspaper but he did not pay any heed to it Further case of the Respondents is that the Petitioner not only disobeyed the order but also misbehaved with his superior and hence, he was suspended from the service, vide order dated 29.10.2003. Thereupon a committee was constituted to proceed with the departmental enquiry. Charges on being framed were duly served upon the Petitioner with a notice to file reply, if any, which, according to the Respondents, was never filed. Ultimately, the committee submitted its report to the Vice Chancellor on 17.3.2004. Thereupon, second show cause notice was issued to the Petitioner on 19.4.2004 along with a copy of the enquiry report but the Petitioner, according to the Respondents, instead of making proper reply, put forth allegation against one of the members of the enquiry committee. However, Vice Chancellor passed an order on 26.6.2004 whereby the services of the Petitioner were terminated.
(2.) Being aggrieved with the order of dismissal, the Petitioner filed an appeal before His Excellency, the Chancellor of the University, who after hearing did find that before passing the order of dismissal, proper opportunity had not been afforded to the Petitioner and hence, the order of dismissal was set aside, vide its order dated 10.6.2005 with a direction to the Respondents to conclude the enquiry after hearing the Appellant within one month and to pass appropriate order in accordance with law/provisions of statute.
(3.) Thereupon the enquiry committee was reconstituted for making enquiry on the allegation but the Petitioner, according to the case of the Respondents, Instead of defending himself properly always made accusation against the member of the committee. However, the committee submitted its report on 10.8.2006 before the Vice Chancellor, upon which a show cause notice was given to the Petitioner. Thereupon the Vice Chancellor after taking Into account the charges and the finding given by the committee, passed the order of dismissal again on 15.5.2008 (Annexure 4).;