Court : Jharkhand
Reported in : [2006(108)FLR1125]; [2006(1)JCR165(Jhr)]
..... been further stated that under section 35(3) of the jharkhand universities act, the state government is empowered to scrutinize the legality of appointment/promotion of the university staff and since the promotion to the post of reader was not proper and legal, her promotion to the post of professor cannot be said to be valid and her appointment as head of the department also cannot be said to be valid appointment and as such the petitioner is not entitled for the revised pay scale of the professor of rs. ..... stated that the petitioner was substantively appointed as lecturer on 20.6.1974 on the recommendations of bihar universities service commission and for the purpose of promotion the length of service can be counted from the said date. ..... srivastava university professor, vinoba , bhave university, hazaribagh whose admitted date of substantive appointment was 5.4.1974 and date of temporary appointment was 23.12,1972 and who had been given seale of university professor in the revised scale of 16400-22400 16400-22400 duly approved by the department of human resources ..... to the petitioner, she being a lecturer having ph,d degree and completed 13 years of continuous service as a lecturer in a degree college in one or more universities, had been working since 1967-68 in different colleges and was confirmed in the post of lecturer in the year 1974, was rightly promoted to the post of reader by an order dated 24.3.1994 by the selection committee, which was equivalent to university service .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR9(Jhr)]
..... according to the case of the petitioner, the aforesaid orders have been issued in violation of section 67 of the jharkhand state universities act, 2000, which prescribes 60 years as the age of retirement for non-teaching employees of the university/according to the petitioner, his date of birth is 1.1.1949, which has been entered in his service book and as per the said date of birth, he would retire from service on 31st december, 2008, after completing 60 years of age.3. ..... been filed on behalf of the university, wherein, it is stated that the petitioner was initially appointed by the ranchi university in the year, 1965 as peon and thereafter he became routine clerk in the year, 1975 and after creation of binoba bhave university in the year, 1992, his services were transferred to the said vinoba bhave university on 7.4.1997 but the service records of the petitioner were not sent to the vinoba bhave university by the ranchi university and, therefore, his service records could not be verified and, accordingly, the petitioner was directed to produce ..... section 67 of the jharkhand state university act clearly envisages that non-teaching employees of the university are entitled to continue in service up to the age of 60 years and, therefore, the action of the respondents in retiring the petitioner from service on and from 30th april, 2007 is illegal and unjustified.7. .....
Tag this Judgment!Court : Jharkhand
..... das, registrar, kolhan university, present case has been lodged alleging inter alia 2 that under the orders of the vice chancellor, kolhan university, an enquiry was conducted by the financial advisor and finance officer of the university who submitted its report on 09.07.2015. ..... being a willing conspirator in the series of acts of defalcation, she never reported any irregularities and lapses to the principal or to higher authorities in the university in a register to be maintained by her for the purposes. ..... it is further submitted that the modus operandi of a series of transactions leading to embezzlement of college funds was to prepare requisition letters involving inflated demands for salary for the teaching and non teaching staff of the college and then to given false utilization for the expenditure of the amount received from the university. ..... thus the petitioner prepared wrong and inflated demand for salary for the teachers and staffs every month and got in signed by the principal of the college to be sent to the university for release of funds for salary payment. ..... it is further alleged that when the petitioner ramakant das was posted as principal of the a.b.m, college during the period of 2003 to 2011, wrong and excess demand of salary for the month of january, 2009, august 2009, as well as period of september 2009 to november, 2009 for kolhan university amount to rs. .....
Tag this Judgment!Court : Jharkhand
..... with the laws of the university, relating to departments, clubs, societies, staff and students union of the college, and submit copy thereof to the governing body and the university for information; (h) be responsible for the enforcement and observance of the laws and directions of the university; (i) be responsible for compliance of the orders and direction of all lawful authorities including the governing body of the college; (j) report to the vice-chancellor every proceeding of the governing body which is not in conformity with the provisions of the act, statutes, ordinance, regulation and the rules of the university or rules of the college ..... the governing body constituted by the vice-chancellor of vinoba bhave university, hazaribagh of bhadrakali college, itkhori, chatra, an affiliated college, in exercise of powers under section 60(1) of jharkhand state universities act, 2000 vide notification dated 02.04.2013 (annexure-4), was neither suspended, nor dissolved before constitution of the adhoc committee of the governing body by him under the provisions of section 60(4) of the act of 2000 by the impugned annexure-7 dated 09.02.2015 issued by the registrar of the university.3. ..... under the scheme of the universities act and statute, the syndicate and the vice- chancellor have sufficient powers to inquire into the affairs of such college, as already noticed hereinabove, so that the function of the college does not suffer and education of the students is not impaired. .....
Tag this Judgment!Court : Jharkhand
..... was received on the inquiry report, the entire records relating to departmental proceedings against the petitioner was placed before the vice chancellor, ranchi university, ranchi and the vice chancellor after examining the entire records and applying his independent mind vide order dated 26.03.2011 has been pleased to impose the penalty of dismissal from the university service upon the petitioner under section 10(18) of the jsu act, 2000 and article 15 of the statutes relating to general conditions of service of the ranchi university vide annexure-j to the counter affidavit. ..... for the respondents-university on the other hand has assiduously submitted that the writ petition is not maintainable as the petitioners have efficacious and alternative remedy for filing appeal before the hon ble chancellor as provided under section 10 (19) of the jharkhand state universities act. ..... the counter affidavit, it has been stated that the aforesaid writ applications are not maintainable as the petitioners have an efficacious and alternative remedy of filing an appeal before the hon ble chancellor of universities as provided under section 10 (19) of the jharkhand state universities act ..... counsel appearing for the petitioners has strenuously submitted that proceeding has been conducted without serving copy of the enquiry report in gross violation of cardinal principles of natural justice so also infliction of statutory provision of the jharkhand state university act and the rule framed thereunder. .....
Tag this Judgment!Court : Jharkhand
..... was received on the inquiry report, the entire records relating to departmental proceedings against the petitioner was placed before the vice chancellor, ranchi university, ranchi and the vice chancellor after examining the entire records and applying his independent mind vide order dated 26.03.2011 has been pleased to impose the penalty of dismissal from the university service upon the petitioner under section 10(18) of the jsu act, 2000 and article 15 of the statutes relating to general conditions of service of the ranchi university vide annexure-j to the counter affidavit. ..... for the respondents-university on the other hand has assiduously submitted that the writ petition is not maintainable as the petitioners have efficacious and alternative remedy for filing appeal before the hon ble chancellor as provided under section 10 (19) of the jharkhand state universities act. ..... the counter affidavit, it has been stated that the aforesaid writ applications are not maintainable as the petitioners have an efficacious and alternative remedy of filing an appeal before the hon ble chancellor of universities as provided under section 10 (19) of the jharkhand state universities act ..... counsel appearing for the petitioners has strenuously submitted that proceeding has been conducted without serving copy of the enquiry report in gross violation of cardinal principles of natural justice so also infliction of statutory provision of the jharkhand state university act and the rule framed thereunder. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(111)FLR41]; [2006(4)JCR373(Jhr)]; (2007)ILLJ256Jhar
..... the appointments were alleged to be illegal and void ab-initio having been made in violation of procedure laid down under bihar state universities act 1976.11 ..... of the questions was raised by the university as to whether the university is an industry' within the meaning of section 2(j) of the industrial disputes act, 1947 (hereinafter to be referred as the i.d. ..... , daltonganj, so, the matter was brought to the notice of the registrar, ranchi university, ranchi and the university was asked for its instruction the registrar, ranchi university, ranchi, sent special messenger vide letter dated 12th july 1003 to the principal/ prof. ..... 308 of 2001, whereby and whereunder the learned single judge while dismissed both the writ petitions preferred by the ranchi university, ranchi, affirmed the common award dated 15th july 1999 passed by the presiding officer, labour court, ranchi, in reference case ..... the university having not recognized sri parsuram singh and sri mahip narayan singh as the employees of the university, there was no question of termination of their services and the sentence 'services of these persons stand terminated' as used in the letter dated 21st july 1993 for all purposes to be treated as redundant in the eye of ..... , daltonganj or marwari college, ranchi or in the services of the ranchi university and they can not be held to be employees of the college or the university and thereby they do not fall within the definition of 'worker' as defined under section 2(l) of the i/d. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(2)JCR651(Jhr)]
..... admittedly, prior to the creation of the state of jharkhand, the bihar state university act, 1976, and the commission were having jurisdiction in the entire bihar state including the universities which now fall within the territorial jurisdiction of the state of jharkhand, admittedly, under section 57 of the act, appointments of the teachers and officers of the universities were to be made on the basis of the recommendations of the commission and the commission had to discharge the same function as was assigned to the bihar state public service commission.8. ..... though there is nothing to show that in exercise of the power under section 58(3) of the jharkhand universities act, the vice chancellor refused to accept the recommendation sent by it to the chancellor, but as the representations of the petitioner were not answered by the respondent and view of the government and chancellor's direction that the recommendation of the commission be not acted upon, it becomes a case of deemed non- acceptance of this recommendation on the ground of government's or chancellor's direction.11. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR1613
..... bangalore or examination held by any other board or university recognised as equivalent to it prescribed as eligibility condition for admission to first-year engineering degree course by vice chancellor under the karnataka university act, it was alleged that ineligible candidates without having requisite qualification had taken admission. ..... on the contrary the college and the university acted upon the notification issued by the govt. ..... even assuming that the petitioner was not eligible for admission to law college and was not eligible to appear in the examination, but the blame for his admission must lie more upon the principal of the college who is the dean of faculty of law and the ranchi university who granted registration certificate because the principal of the college and the university must have known that 'sahitya alankar' is not equivalent to b.a. ..... it is not the case of the university or the college that the petitioner got his admission in the college on misrepresentation of facts or he misled the authorities of the college and the university. ..... it is further stated in the counter-affidavit that the matter relating to grant of degree to the petitioner was once again placed before the examination board of ranchi university for consideration and after due deliberation the board resolved that in the light of the decision of the equivalence committee degree of ll.b. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2005(1)JCR332(Jhr)]
..... the conciliation proceeding ended in a failure report and by notification dated 14.4.1987 the government of bihar, labour employment and training department, issued notification dated 14.4.1987 under section 11(1)(c) of the industrial disputes act, 1974 for adjudication. ..... in that case, the apex court held thus : the powers remains intact and can be exercised if the material and relevant considerations for its exercise like the continued existence of the dispute and the wisdom of referring it in the larger interest of industrial peace and harmony are available'.in the instant case it has been concurrently found by the learned labour court as well as by the learned single judge that the case is state and the dispute has not been found to exist. ..... the high court has jurisdiction to entertain a writ petition when there is an allegation that there is no industrial dispute, which could be the subject-matter of reference for adjudication of the industrial tribunal under section 10 of the act: in the above referred case the dispute was referred after seven years which was held to be state and the non-existent. ..... there was a domestic enquiry and on the basis of the enquiry report the appellant's services were terminated on 15.11.1974. ..... he was served with a charge-sheet dated 19.11.1974 arising out of the alleged theft of two numbers of h.r.c. .....
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