Dr. Subalal Paswan vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.17316 of 2025
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Dr. Subalal Paswan S/o Late Chhabulal Paswan, resident of - Kurampur,
Salempur, Dumaria, District-Vaishali, presently posted as Assistant Professor,
Department of Psychology, R.C. College, Sakra, District-Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, Government of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Government of
Bihar, Patna.
3. The Principal Secretary to Governor cum Chancellor, Raj Bhawan, Patna.
4. The Vice-Chancellor, B.R.A. Bihar University, Muzaffarpur.
5. The Registrar, B.R.A. Bihar University, Muzaffarpur.
6. Dr. Ram Kumar, Prof. University Department of Chemistry, Presently posted
as Controller of Examination, B.R.A. Bihar University, Muzaffarpur.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv.
For the Respondent/s : Mr. Krityanand Jha, Adv.
For the BRABU : Mr. Siddhartha Parsad, Adv.
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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
Date : 31-08-2026
Heard Mr. Shashi Bhushan Singh, learned Advocate
for the petitioner and Mr. Siddhartha Parsad, learned Advocate
for the BRABU. The State is represented through Mr.
Krityanand Jha, learned Advocate.
2. An interlocutory application bearing I.A. No. 02 of
2026 has come up for consideration on a motion made by
learned Advocate for the University stating therein that by
making an incorrect submission, the petitioner has obtained an
order of this Court dated 10.11.2025; whereby, noticing the
submission advanced by learned Advocate for the petitioner that

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the memo of charge issued without the list of documentary
evidence or the witnesses, accordingly this Court directed that
the departmental proceeding to keep in abeyance, till the next
date of hearing.
3. It is the specific contention of the learned Advocate
for the University that the order contained in Memo No. 161/VC
dated 22.07.2025, in sum and substance, is not the memo of
charge for initiation of a departmental proceeding rather, an
imputation levelled against the petitioner of his alleged official
misconduct and only to carry out a fair enquiry into all aspect of
the matter, a high level enquiry committee has been constituted
to submit its enquiry report.
4. Mr. Siddhartha Parsad, learned Advocate for the
University adverting to the statements in the interlocutory
application has categorically submitted that, till date, no
departmental proceeding has been initiated against the petitioner
and, as such, any prayer for quashing of the order dated
22.07.2025, whereby only an enquiry report has been called for
is wholly misconceived and not tenable, in the eye of law.
5. Learned Advocate for the petitioner, in response,
contended that now the committee has submitted its report on
20.09.2025 and unanimously recommended that the petitioner has

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committed gross misconduct and, as such, he needs to be
proceeded departmentally for major punishment of dismissal
/removal/reduction in rank etc. in terms of clause 15 of the
Statutes Relating to the General Conditions of Service of
Employees of the Patna, Bihar, Ranchi, Bhagalpur, Magadh,
L.N. Mithila and K.S.D. Sanskrit Universities as assented to by
the Hon’ble Chancellor Universities of Bihar as contained in
Letter No. BSU-36-80-5270 G.S. (I) dated 18.11.1990.
6. Learned Advocate for the petitioner, Mr. Shashi
Bhushan submitted that the aforesaid report of the committee
has also been put to question by filing interlocutory application
bearing I.A. No. 01 of 2026. A response has also been filed on
behalf of the petitioner to the I.A. No. 02 of 2026, which is
taken on record.
7. Considering the submission advanced on behalf of
the rival parties and the materials available on record, this Court
is of the considered view that, the apprehension of the petitioner
to the effect that a departmental proceeding having been
initiated on an incorrect and defective memo of charge, prima
facie , does not stand substantiated. Moreover, it is specific
contention of the learned Advocate for the University, as also
back up by the enquiry report, that presently, a unanimous

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decision has been taken by the high level committee, with the
recommendation for initiation of the departmental proceeding
against the petitioner.
8. It is suffice to observe that the law does not permit
quashing of the charge-sheet in routine manner or the notices for
which an incumbent has been called upon to appear and file an
explanation. In case, the delinquent has any grievance in respect
of the charge-sheet, he must raise the issue by filing a
representation and wait for the decision of the disciplinary
authority, thereon. Neither the disciplinary proceeding nor the
charge-sheet be quashed, at any initial stage as it would be a
pre-mature stage to deal with the issue.
9. Learned Advocate for the petitioner, at this juncture
submitted that the main grievance of the petitioner is limited to
the Letter No. BSU(Examination Controller)-35/2025-1034 GS
(I) dated 18.06.2025 and Memo No. B/1435 dated 19.06.2025
issued under the signature of respondent nos. 3 and respondent
no. 5 respectively, by which in place of the petitioner, the
respondent no. 6 has been appointed as Examination Controller
of University in question and further relieved the petitioner from
the post of Examination Controller. It is specifically contended
by learned Advocate for the petitioner that the entire action of

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the respondent in removing the petitioner from the post of
Examination Controller of the University is in complete
disregard to the Letter contained in Memo No. BSU (VC)-
45/2019-844/GS(I) dated 27.07.2020, issued under the signature
of the Additional Secretary, Governor Secretariat, Raj Bhawan,
Patna whereby the appointment made with the approval of the
Hon’ble chancellor can only be terminated after issuance of
show cause by giving opportunity of submitting reply. Before
removing the petitioner from the post of Examination
Controller, it is the contention of the petitioner that no proper
notice or opportunity of hearing has been accorded .
10. The aforesaid submission, however, refuted by
learned Advocate for the University, and submission has been
made that the impugned action has been taken after issuance of
proper notice and upon receipt of the reply of the petitioner
admitting professional negligence and sheer mistake.
11. However, on a query made by this Court, the
learned Advocate for the University shown his inability to
satisfy the Court as to whether any specific show cause with
respect to the removal of the petitioner, upon the alleged
charges, from the post of Examination Controller has been
served or not.

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12. Having considered the submissions and the
materials available on record, this Court does not find any merit
in the present application, require interference in the orders
impugned herein. However, to meet the ends of justice, this
Court deems it fit and proper to extend liberty to the petitioner
to file proper representation agitating his grievance before the
Hon’ble Chancellor of the University’s, preferably within a
period of one week.
13. On receipt of such application, it is expected that
the office of the Hon’ble Chancellor shall extend an opportunity
of hearing to all the stakeholders and pass a final order,
preferably within a period of four weeks thereafter. Till such
order is passed, this Court further expects that the concerned
authority shall not proceed any further in the
enquiry/departmental proceeding.
14. The writ petition stands disposed.

(Harish Kumar, J)
sumit/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 05.09.2026
Transmission Date NA