IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.4827 of 2008 JAGDISH PD. BAISHANTRI Versus LALIT NARAYAN MITHILA UNIVERSITY & ORS. ----------- For the petitioner :Mr. Santosh Kumar Singh, Advocate For the University :Mr. T.N. Maiatin, Advocate 05/ 03.7.2008 Heard learned counsel for the parties. 2. Petitioner, who at the relevant time was serving as Lecturer in Commerce Department of B.R.B. College, Samastipur, is aggrieved by the notification of the Lalit Narayan Mithila University dated 2.12.2007, Annexure-3, whereunder he has been placed under suspension with reference to the provisions contained in Article 10(2) of the Statute as his caste certificate on the basis of which he secured appointment as reserved category candidate was cancelled by the District Magistrate, Darbhanga under Memo. No. 66 dated 10.3.2005. 3. It is submitted on behalf of the petitioner that on the date of issue of the notification dated 2.12.2007, Annexure-3 suspending him, there was no departmental proceeding initiated against him and the notification suspending him is violative of the provisions contained in Sub-article (2) of Article 10 of the Statute, which empowers the University to place the University Teachers under suspension only in the event a departmental proceeding is already initiated against him. In support of such submission, learned counsel for the petitioner has placed reliance on the judgment of this Court rendered by a learned Single Judge of this Court in the case of Abdul Subhan Vrs. Ranchi University and 2 others, reported in 1992(2) PLJR 47. 4. Aforesaid submissions were made before another Bench of this Court as would appear from the orders dated 18.3.2008 and the counsel for the University under the said order was directed to verify the factual aspect whether any proceeding stood initiated against the petitioner on the date of issue of the notification suspending the petitioner. 5. Counsel for the University has not been able to take instruction in the light of the orders of this Court dated 18.3.2008 as there is strike of the non-teaching employees of the University. 6. Matter has been adjourned on several occasions as is evident from the orders dated 22.4.2008 and 27.6.2008, in the circumstances, this Court deems it expedient to dispose of this writ application with direction to the petitioner to file a representation before the Vice-Chancellor of the Lalit Narayan Mithila University annexing a copy of this order in which petitioner should raise the submissions noted above and the representation should be considered by the Vice-Chancellor of the University in the light of the judgment referred to above within a reasonable time, in any case within one month from the date of receipt/ production of a copy of this order. 7. This writ application is, accordingly, disposed of. Arjun/ (V.N. Sinha, J.)