DR. ASHARFI RAM Vs. RAJENDRA AGRICULTURAL UNIVERSITY, BIHAR AND OTHERS

JUDGEMENT

(1.) Dr. Ashrafi Ram has filed this application under Articles 226 and 227 of the Constitution of India against the order dated 29th of March, 1977, annexure-5, passed by Shri D. P. Singh, Vice Chancellor. Rajendra Agricultural University, Bihar, respondent No. 2, suspending the petitioner who was holding a post of Principal of the Bihar Agricultural Colleges, Sobour, and also suspending him from the post of Regional Director of Agricultural Research Institute, Sabour, under Rajendra Agricultural University (hereinafter referred to as the University). In the application the petitioner has prayed for quashing annexure-5.

(2.) In order to appreciate the points involved in this application it would be necessary to state some material facts. The petitioner, after obtaining B. Sc. Agricultural degree was appointed by the Director of Agriculture, Bihar, as Agricultural Overseer in 1943. He served the State Government in various capacities and in 1952 he was promoted to the post of Assistant Professor of Agriculture, Bihar Agriculture College, Sabour in the district of Bhagalpur. In 1956 he was promoted to the post of Professor of Agriculture. In 1957 he was selected for higher study and, accordingly, he went to U.S.A. on Government Scholarship and obtained Ph. D. degree there. When here turned from U.S.A. in 1959 he continued on his previous post. He was promoted to the post of Special Deputy Director of Agriculture in Super Class I and was posted at Purnea. There also he served the State Government in the Department of Agriculture. The petitioner has annexed a copy of the letter dated the 27th Nov., 1968 as annexure-I to his application issued by the State Government promoting the petitioner to the post of Special Deputy Director of Agriculture. The petitioner has asserted, in his application, that he was a permanent Government servant from the very beginning and his service was in class I and was confirmed with effect from 1961, while he was working as Professor of Agriculture at the Bihar Agriculture College, Sabour, against the permanent post. The State Government had always been appointing authority of the petitioner and the petitioner had always been the Government Servant and, according to him, he is still a Government Servant. The petitioner has annexed to his application as annexure-2, a copy of the Government order dated 1-6-1964 confirming him against the permanent post Class-I with effect from 17-2-1961. In 1971 the said University was established and his service was transferred to the University. As he was a permanent Government Servant since before the date of transferring his service to the University, according to the petitioner, he continued to be the Government Servant as provided under Sec. 39(4) of the Rajendra Agricultural University Act, 1971 (Bihar Act VII of 1971) (hereinafter referred to as the Act) as amended by the second amendment by Ordinance, 1976. He continued to be the Government Servant as provided under Sec. 39(4) of the Act and his service was entirely under the control of State Government. According to him, University authorities had no right to take any disciplinary action against him as he being a Government Servant was not the employee of the University rather he was employee of the State Government, even though the service of the petitioner was transferred to the University. The petitioner has annexed, in his application, a copy of the notification dated 23rd Sept., 1971, as annexure-3, issued by the State Government transferring him to the University, as an evidence to show that all along he was being treated as Government employees. The petitioner has marked, in his application, Government notification dated 14th of Feb., 1974, annexure-4, whereby the petitioner was promoted by the State Government to the post of Director of Agriculture, Education. The petitioner has submitted in his application that although the University had no power, at all, to suspended him or to take any other disciplinary action against him. He was suspend without any rhyme and reason by respondent No. 2 by order dated 29th of March, 1977, annexure-5.

(3.) Aggrieved by the said order the petitioner moved this Court under writ jurisdiction and his application was filed on 1st of April 1977 and the same was admitted on 4th of April, 1977 and the operation of the impugned order, contained in annexure-5, was stayed. However, it was made clear in the said order that it was an ad-interim stay and the respondent, if advised, may file an application for vacating the ad-interim stay order.