DR. SUNIL KUMAR Vs. THE STATE OF JHARKHAND THROUGH IT SECRETARY, H.R.D. DEPARTMENT, HIGHER EDUCATION,
LAWS(JHAR)-2010-5-167
HIGH COURT OF JHARKHAND
Decided on May 24,2010

Dr. Sunil Kumar Appellant
VERSUS
The State Of Jharkhand Through It Secretary, H.R.D. Department, Higher Education, Respondents

JUDGEMENT

D.N. Patel, J. - (1.) THE present writ petition has been preferred mainly being aggrieved by the order, passed by the Principal, Mahendra Prasad Inter Mahila Mahavidyalaya, Lalpur, Ranchi, dated 25th August, 2008 at Annexure -5 to the memo of petition whereby, the petitioner, who was working as Lecturer with the College, has been compelled to go on leave for three months, without giving any show cause, without holding any inquiry and without any punishment order. Each and everything are presumed by the Principal of the College and directly, an order of punishment has been passed.
(2.) LEARNED Counsel for the petitioner submitted that the petitioner was working as Lecturer with the College honestly, sincerely, diligently and to the satisfaction of the respondents. Never any show cause notice was given in past and never any punishment has been inflicted upon the petitioner. Learned Counsel for the petitioner further submitted that arbitrarily an order dated 25th August, 2008 has been passed by the Principal of the College, without giving any show cause notice, without giving any opportunity of being heard and without holding any inquiry and directly, an order of punishment has been passed directing the petitioner to go on leave for three months and, therefore, such an arbitrary and illegal order deserves to be quashed and set aside.
(3.) I have heard learned Counsel for the respondents, who has submitted that there are several irregularities committed by the present petitioner. He was not attending the classes properly and he was always busy with his Ph. D. work and therefore, the order at Annexure -5 has been passed by the respondent -College. Nonetheless, now an order has been passed dated 22nd May, 2010, which is annexed at Annexure -A to the counter affidavit, filed by the Principal of the College, whereby, the impugned order dated 25th August, 2008 has been withdrawn and therefore, the petition deserves to be dismissed.;


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