IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1359 of 2009 1. FEDERATION OF UNIVERSITY TEACHERS ASSOCIATION OF BIHAR (FUTAB) THROUGH ITS WORKING PRESIDENT KANHAIYA BAHADUR SINHA AGED ABOUT 60 YEARS S/O LATE NARENDRA BAHADUR SINHA, RAMNA ROAD, ARRAH, PROFESSOR OF CHEMISTRY IN MAHARAJA COLLEGE, ARA, P.S. ARA, TOWN ARA, DISTT. BHOJPUR. .. Petitioner/ Appellant Versus 1. THE STATE OF BIHAR THROUGH THE CHIEF SECRETARY GOVT. OF BIHAR, OLD SECRETARIAT, BIHAR, PATNA 2. THE PRINCIPAL SECRETARY DEPTT. OF FINANCE, OLD SECRETARIAT, BIHAR, PATNA 3. THE PRINCIPAL SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., NEW SECRETARIAT, BIHAR, PATNA 4. DIRECTOR, HIGHER EDUCATION, HUMAN RESOURCES DEVELOPMENT DEPTT., NEW SECRETARIAT, BIHAR, PATNA 5. THE JOINT SECRETARY HUMAN RESOURCES DEVELOPMENT DEPTT., NEW SECRETARIAT, BIHAR, PATNA 6. THE CHANCELLOR OF UNIVERSITIES OF BIHAR, RAJ BHAWAN, BIHAR, PATNA 7. THE DEPUTY SECRETARY, RAJ BHAWAN, PATNA 800022 8. THE B.R.A. BIHAR UNIVERSITY THROUGH THE VICE CHANCELLOR OF THE UNIVERSITY, MUZAFFARPUR 9. THE V.K.S. UNIVERSITY, ARRAH THROUGH THE VICE CHANCELLOR HAVING OFFICE NEAR JAPANESE FARM, P.S. ARRAH NAWADAH, DISTT. BHOJPUR 10. THE MAGADH UNIVERSITY, BODH GAYA THROUGH THE VICE CHANCELLOR BODH GAYA, GAYA 11. THE TILKA MANJHI BHAGALPUR UNIVERSITY, THROUGH THE VICE CHANCELLOR OFFICE AT TILKA MANJHI, BHAGALPUR 12. B.N. MANDAL UNIVERSITY THROUGH THE VICE CHANCELLOR LALOO NAGAR, MADHEPURA 13. J.P. UNIVERSITY THROUGH THE VICE CHANCELLOR CHAPRA 14. THE L.N. MITHILA UNIVERSITY THROUGH THE VICE CHANCELLOR DARBHANGA. Respondents/Respondents. -------- For the appellant : Mr. Sujit Kumar Sinha, Adv. For respondents : Mr. Binay Kirti Singh, Adv. 2 : Mr. Anis Akhtar, A.C. to AAG-10 : Mr. Shivendra Kishore, Adv. : Mr. Anil Singh, Adv. ----------- 2. 25.03.2010 In this intra-court appeal, the legal substantiality of the order dated 18.8.2009 passed by learned single Judge in CWJC No. 7197 of 2009 is called in question. We have heard Mr. Sujit Kumar Sinha, learned counsel for the appellant, Mr. Anis Akhtar, learned Assistant Counsel to AAG-10 for the State, Mr. Shivendra Kishore, learned counsel for respondent no. 6 and 13, Mr. Binay Kirti Singh, learned counsel for respondent no. 9 and Mr. Anil Singh, learned counsel for respondent no. 11. The appellant, federation of University Teachers Association of Bihar through its working President, preferred a writ petition apprehending that the Chancellor on the basis of guidelines issued vide Annexure- 2 would take drastic action against the employees. The learned single Judge adverted to the factual matrix and came to hold that the writ petition was premature as no order had been passed by the Chancellor of the University. Learned single Judge also noticed the 3 fact that the chancellor is required to offer an opportunity to show-cause and consider the individual cases and thereafter pass appropriate orders. In view of the aforesaid conclusion, we are of the considered opinion that the order passed by learned single Judge is absolutely flawless. At this juncture, it is submitted by Mr. Sinha that the order has been passed by Vice-Chancellor without affording any opportunity of hearing. Be it noted, it was not the controversy before the learned single Judge. In view of the aforesaid, needless to say, it is open to the aggrieved persons to assail their order of shifting the date of absorption in accordance with law. With the aforesaid observation, the appeal stands disposed of. kanchan (Dipak Misra, CJ.) (Mihir Kumar Jha, J.)