- (1.) The petitioner has approached this Court seeking the following reliefs: (i) For the issuance of a writ, direction, order in the nature of certiorari or any other appropriate writ, direction or order quashing the report dated 19.02.1997 (Annexure-2) submitted by the Respondent No. 7 which is collusive and malafide because under the Bihar State University Act, 1976 the Executive Administration has got no part to play in the Administration of the University or Colleges. (ii) For the issuance of a writ, direction, order in the nature of certiorari or any other appropriate writ, direction or order quashing the ex-parte enquiry report dated 08.01.1999 contained in Annexure-13. (iii) For the issuance of a writ, direction, order in the nature of certiorari or any other appropriate writ, direction or order quashing the communication Nos. 198/99 dated 24.04.1999 and 59/99 dated 27.05.1999 whereby the Respondent No. 4 removed the petitioner from the services of the University. (iv) For the issuance of a writ, direction, order in the nature of certiorari or any other appropriate writ, direction or order quashing the appellate order dated 09.11.2000 whereby order of the Respondent No. 4 has been confirmed. (v) For the issuance of an appropriate writ, direction or order including a writ, direction or order in the nature of mandamus commanding the respondents to forbear from giving effect to the impugned orders dated 27.05.1999 contained in Annexure-16 and that of dated 09.11.2000 contained in Annexure-17 and to direct them to restore the status and public office of the petitioner herein with all consequential benefits in accordance with law. (vi) For grant of such other further and/or consequential reliefs as may be deemed fit and proper in the facts and circumstances of the case on the interest of justice. Brief facts of the case are that, the petitioner was appointed on the post of Librarian on 02.03.1973. It is the case of the petitioner that in the year 1996, there was huge misappropriation of money in the district administration which was published in the newspaper and a Public Interest Litigation was filed in the Hon'ble High Court vide C.W.J.C. No. 581 of 1997 and in the said P.I.L. a C.B.I. enquiry was ordered by the Hon'ble High Court With a view to victimise the petitioner, enquiry was instituted against the petitioner and the petitioner was transferred from Sahebganj to Jamtara. The petitioner unsuccessfully challenged the order of transfer and on 17.01.1998, a charge-memo was served upon the petitioner in which six charges were framed against him. The petitioner requested the authorities to supply the list of books which allegedly were not found in the library however, such list was not supplied to the petitioner for a considerable period of time. Finally, on 13.12.1998, the list of books was supplied to the petitioner and thereafter, the petitioner sought time to file reply to the charges framed against him. However, without granting any such opportunity to the petitioner, the enquiry was abruptly concluded and an ex-parte report was submitted. The enquiry report dated 08.01.1999 was submitted holding that the petitioner had nothing to say in his defence. The enquiry report was accepted by the disciplinary authority and an order of dismissal from service was passed, which was affirmed by the appellate authority also. Under these circumstances, the petitioner has approached this Court by filing the present writ petition.
(2.) A counter-affidavit has been filed in which it has been stated that the charges of insubordination, negligence, misappropriation etc. have been found proved against the petitioner. In complete disregard to the order passed by the Hon'ble High Court directing the petitioner to join the college at Sahebganj, the petitioner did not join at Sahebganj. It has been found during the course of enquiry that the petitioner was running a book shop and he had no explanation for disappearance of 11533 books from the library.
(3.) Heard the learned counsel appearing for the parties and perused the documents on record.;