IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.10421 of 2009 Md.Rizwan, son of late Md. Ramzan, resident of Mohalla Naya Quilla Mali Tola, P.S. Siwan Town, District Siwan … Petitioner Versus 1. The Chancellor, Bihar, Patna 2. The Vice Chancellor, J.P.University, Chapra 3. The Registrar, J.P.University, Chapra 4. The Principal, D.A.V.College, Siwan 5. The Prof. In-charge, D.A.V. Post Graduate College, Siwan … Respondents ---------------------------------- 9. 21.11.2011 Heard counsel for the parties. The petitioner has moved this Court for quashing of an order dated 20.11.2008 whereby and whereunder he was placed under suspension. The petitioner has also assailed a subsequent order dated 12.5.2009 under which the Professor In-charge of D.A.V. Post Graduate College, Siwan has directed for continuance of the order of suspension against the petitioner by recalling the earlier order passed by the Professor In-charge who had chosen to revoke the order of suspension dated 20.11.2008. Counsel for the parties agree that the College in question, D.A.V. Post Graduate College, Siwan is a constituent unit of Jai Prakash University, Chapra. Once this aspect becomes clear, the order of suspension passed by the Principal/ Professor In-charge itself becomes an order without jurisdiction, inasmuch as it is only the appointing authority in terms of Section 10(6) of the Bihar State Universities Act and the statutes framed thereunder who gets power to place a Class III employee under suspension and/or start a departmental proceeding. Admittedly the Vice 2 Chancellor has passed no such order of suspension and it is the Principal/ Professor In-charge who had either passed an order of suspension or had subsequently made a recommendation for dropping the charges on the ground that a three men Committee did not find the charges framed against the petitioner to have been established or had revoked the order of suspension before its being cancelled and directing the petitioner to continue under suspension. The present position is also not known to this court because the University has not filed any counter affidavit. The counsel appearing on behalf of the Principal of the College on the other hand has submitted that the petitioner has not been co- operating in the departmental proceeding. Keeping in view that the petitioner has continued under suspension for a period over three years and that his payment of subsistence allowance has been ensured in terms of the an interim order of this Court, dated 9.3.2010, the interest of justice would be better subserved by directing the Vice Chancellor of the University to consider the case of the petitioner with an independent mind and if he finds that there is any justification for continuation of suspension order he would reaffirm the order of suspension passed by the Principal of the College but in case he finds that the charges against the petitioner are not serious and a departmental proceeding though initiated has not yet been completed without any blemish on the part of the petitioner he may revoke the order of suspension and also direct for concluding 3 the departmental proceeding within a period of six months from the date of receipt/ production of a copy of this order. Keeping in view that the petitioner is an employee of a constituent College and that his appointing authority in terms of Section 10(6) of the Bihar State Universities Act is the Vice Chancellor, this Court would direct the Vice Chancellor of the University to take his final decision both in the matter of continuation of suspension and initiation of the departmental proceeding as early as possible but not later than one month from the date of receipt/ production of a copy of this order. In any event and irrespective of the decision of the Vice Chancellor on the continuing suspension of the petitioner, steps must be taken for expeditious disposal of departmental proceeding of the petitioner so that a finality in this regard is achieved within a period of six months from the date of receipt/production of a copy of this order. With the aforementioned observation and direction, this application is disposed of. (Mihir Kumar Jha,J.) Surendra/