RANCHI, India, July 22 -- Jharkhand High Court issued the following order on June 23:

1. The instant review petition has been filed for seeking review/modification/recall of the judgment dated 16.05.2024 passed in L.P.A. No.601 of 2022, whereby and whereunder, while quashing the order passed by the learned Single Judge, has remitted the matter before the enquiry officer to conduct the enquiry proceeding afresh.

Factual Matrix

2. The brief facts of the case, as per the pleading made in the petition, requires to be enumerated, which read as under: -

3. It is the case of the review petitioner that he was appointed as Deputy Registrar by the Central University of Jharkhand vide CUJ letter no. CUJ/Recruitment Cell/26/2011/5308 dated 18.11.2011 and joined the said post on 15.12.2011.

4. The review petitioner came to know that the respondent nos. 3 and 4 herein, are the co-accused in a criminal case of sexual harassment lodged by a tribal married Assistant Professor of Human Rights in CUJ, which was registered as SC/ST Police Station Ranchi Case No. 11/17 dated 08.05.2017 which had direct linkage with the review petitioner. In arbitrary and whimsical manner, the review petitioner was discharged from services w.e.f. 14.09.2013 vide order dated 16.09.2013.

5. The petitioner challenged the order of discharge by filing W.P.(S) No. 6186 of 2013 which was allowed vide order dated 19.02.2016 by quashing the order of discharge with a direction to reinstate the petitioner in service. In pursuance of the said direction, the review petitioner was reinstated in service.

6. Thereafter, the review petitioner protested against the constitution of 3rd Executive Council of the Central University of Jharkhand by the respondent no.2 wherein the respondent no.3, namely, Ratan Kumar Deywas appointed as member as the Registrar of the University. On 09.02.2017, the writ petitioner preferred W.P.(S) No. 892 of 2017 for declaring the amended Statute 11 of the Act as ultra vires and consequently to quash the constitution of 2nd and 3rd Executive Council of the University as well as the appointment of respondent no.2 as Vice Chancellor of the University.

7. Thereafter, respondents stopped the salary of the petitioner since December, 2016 and denied the upgradation, against which, the writ petitioner, review petitioner herein, preferred writ petition being W.P.(C) No.2011 of 2017.

8. Thereafter, the respondents vide order dated 23.05.2017 has placed the review petitioner under suspension which was extended thrice as also the subsistence allowance during the suspension period had not been released. Later, on 21.06.2017, the subsistence allowance was ordered to be released in favour of the petitioner. But, respondents did not release the subsistence allowance till July, 2017 and only on 29.07.2017, the same was released.

9. The departmental enquiry proceeded in which communication was made to the review petitioner but due to financial stringency the petitioner could not respond to the same and vide letter dated 08.09.2017, the writ petitioner/review petitioner was directed to submit written statement of defence against MoC (Memorandum of Charge) dated 24.07.2017 failing which, ex-parte proceeding will be initiated.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqNdL0sAgqyGBp4sa7mN%2F8oQEh0LeKgJwJVcHW7loHyex&caseno=C.Rev./75/2024&cCode=1&cino=JHHC010197712024&state_code=7&appFlag=)

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