MAJOR PENALTY IMPOSED WITHOUT ADHERING TO STATUTORY DISCIPLINARY PROCEDURES IS LEGALLY UNTENABLE AND VOID.

The petitioner was appointed as an Assistant Professor in 1986 at Rajendra Agriculture University (RAU)

In 1991, he was granted study leave for a Ph.D. at IIT Kharagpur but left the course midway in 1993 due to financial and health reasons

Consequently, RAU initiated recovery of salaries paid during the leave, which was upheld by the High Court in CWJC No. 6873 of 2007

Despite this, the petitioner received promotions to Senior Scale (1996) and Selection Grade (2011)

Following the creation of Bihar Animal Science University (BASU) in 2016, an enquiry committee was formed in 2021 based on an anonymous complaint

The committee found the petitioner’s Ph.D. degree (obtained later from another university) invalid and noted periods of unauthorized absence

Based on this report, BASU issued a show-cause notice and subsequently passed orders on 29.10.2021 and 07.06.2022, withdrawing his promotions retrospectively and ordering a recovery of ₹87,12,293

1. Whether the Bihar Animal Science University has the jurisdiction to review or annul promotions granted by its predecessor universities

2. Whether the University followed the prescribed statutory procedure for imposing major penalties under the University Statutes

Section 58 of the Bihar Animal Science University Act, 2016, which contains the "Repeal and Saving" clause, allowing BASU to exercise powers over actions taken by predecessor universities

Chapter II, Clauses 10.9(1) to 10.9(8) of the Statutes of the Bihar Animal Science University, 2020, which categorize "reduction to a lower post or time-scale" as a major penalty and mandate a specific departmental enquiry procedure before imposition

The principle from The State of Bihar v. Vikash Kumar (LPA 446 of 2024) regarding the necessity of remand when orders are faulted on technical grounds or breaches of natural justice

The court held that under Section 58 of the BASU Act, the University did possess the legal competence to take fresh decisions regarding actions of predecessor universities, as the new Act modified the previous Agriculture University Acts for veterinary and dairy subjects

The withdrawal of promotions and reversion to a lower pay scale constitutes a "Major Penalty" under Clause 10.9(2)(b) of the University Statutes

The University had passed the impugned orders solely based on a committee report and a show-cause notice, bypassing the mandatory disciplinary enquiry procedure prescribed in Clauses 10.9(4) to 10.9(8)

Since the statute itself was not followed, the action was deemed a violation of the principles of natural justice and statutory mandate

The court allowed the writ petition in part, quashing the orders dated 29.10.2021 (withdrawal of promotion) and 07.06.2022 (recovery of ₹87.12 lakhs)

The matter was remitted back to the University to proceed afresh in accordance with Clauses 10.9(1) to 10.9(8), with a direction to complete the exercise within six months

Any recovery or withdrawal of benefits will depend on the outcome of this fresh enquiry