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Patna High Court

Jagannath PrasadversusThe Patliputra University

Decided
Disposal
ALLOWED

Holding

Promotion cannot be withheld unless disciplinary or criminal proceedings have reached the charge‑memo/charge‑sheet stage, and the university must consider the petitioner’s promotion.

Summary

The petitioner, a senior academic, was appointed as Lecturer and later promoted to Reader, eventually serving as Associate Professor at Patliputra University. He became eligible for promotion to Professor, but the university, citing unspecified allegations, formed a three‑men enquiry committee and later relieved him from the post of In‑charge Principal without granting a hearing. The petitioner objected, and the university constituted a fresh committee, yet the promotion was not considered by the Syndicate despite junior colleagues being promoted. The petitioner filed a writ seeking a mandamus directing the university to consider his promotion, relying on the Supreme Court’s decision in Union of India v. K.V. Jankiraman which limits withholding promotion to cases where a charge‑memo or charge‑sheet has been issued. The High Court held that no disciplinary or criminal proceedings were pending at the relevant stage, so the promotion could not be arbitrarily denied, and ordered the Vice‑Chancellor to constitute a fresh selection committee to decide the promotion within eight weeks. Consequently, the writ petition was allowed in part, directing the university to consider the petitioner’s promotion from the date he became eligible.

Issues considered

  • What is the legal position on withholding promotion when no charge‑memo or charge‑sheet has been issued against the employee?
  • Whether the university’s enquiry report and relieving order, issued without a hearing, are valid.
  • Whether the university must consider the petitioner’s promotion claim despite pending allegations.
  • Application of the sealed‑cover procedure in service matters.

Subjects

  • promotion
  • university service law
  • sealed cover procedure
  • disciplinary proceedings
  • mandamus
  • arbitrary action
  • writ petition

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Civil Writ Jurisdiction Case No.12558 of 2025
     ======================================================
     Jagannath Prasad Son of Late Dhupan Prasad Resident of -Maa Jageshwari
     Tower, Phase -II Flat no. 302, Kanti Factory Road, Mahatama Gandhi Nagar,
     Sampatchak, Patna, Bihar.


                                                                  ... ... Petitioner/s
                                         Versus

1.   The Patliputra University through its Registrar, Patna.
2.   The Vice Chancellor, Patliputra University, Patna.
3.   The Registrar, Patliputra University, Patna.



                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :       Mr. Siddhartha Prasad, Adv.
                                    Mr. Om Prakash Kumar, Adv.
                                    Mr. Sumit Kumar, Adv.
                                    Mr. Swetang Sinha, Adv.
                                    Mr. Shashank Shekhar, Adv.
                                    Mr. Shantam Kirti, Adv.
     For the PPU            :       Dr. Anand Kumar, Adv.
                                    Ms. Vijeta Kumari, Adv.
     =======================================================
     CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                         ORAL JUDGMENT
     Date : 29-01-2026
                 Heard Mr. Siddhartha Prasad, learned Advocate for

      the petitioner and Dr. Anand Kumar, learned Advocate for

      Patliputra University.

                     2. Briefly stated, the petitioner was initially

      appointed on the post of Lecturer under the Magadh University

      and subsequently promoted to the post of Reader with effect

      from 01.07.2012 vide order contained in Memo No. 675/2016
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         dated 06.03.2016 issued under the signature of the Registrar,

         Magadh University, Bodh Gaya. Subsequently owing to

         bifurcation of Magadh University, services of the petitioner

         brought in Patliputra University, which came into existence in

         the year 2018 and since then the petitioner has been serving the

         succeeding Patliputra University.

                       3. The petitioner is, at present, working on the post of

         Associate Professor, Patliputra University and his promotion to

         the post of Professor (History) is due. Irrespective of the fact the

         petitioner was eligible for promotion to the post of Professor

         and the exercise in this regard was to be carried out, in the

         meanwhile on account of certain imputation levelled against the

         petitioner, a Three Men Committee comprising of Convener and

         two Members was constituted to look into the matter vide Letter

         dated 31.01.2025. The petitioner on being aggrieved with the

         constitution of the Committee filed an objection before the Vice

         Chancellor of the University. On receipt of the objection of the

         petitioner, the Vice Chancellor vide its noting dated 04.03.2025

         constituted a fresh Committee. But surprisingly the, Three Men

         Committee, which had already lost its force because of the

         newly constituted Committee, proceeded and submitted               its

         report dated 11.03.2025.
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                       4. In the meantime, the 25th Syndicate Meeting was

         held on 29.03.2025 and further of the Senate Meeting on

         03.04.2025. The Readers and Associate Professors were

         promoted to the rank of Professor in the subject of History

         under the provision of Career Advancement Scheme 2018. The

         aforesaid notification contained in Memo No. PC/PPU/175/25

         dated 08.04.2025 and PC/ PPU /176/25 dated 08.04.2025 have

         been placed on record as Annexure P/7. Referring to the

         aforesaid notification, it is further contended that the persons

         junior to the petitioner, who were holding the post of Associate

         Professors, like the petitioner, have been promoted to the post of

         Professor. However, despite the fact that there was neither any

         departmental proceeding nor any FIR was instituted, the claim

         of the petitioner was not considered in a complete arbitrary and

         illegal manner. This Court is further apprised that based upon

         the afore noted enquiry report, submitted that by the earlier

         constituted Three Men Committee, the petitioner has also been

         relieved from the post of Incharge Principal of Ramkrishna

         Dwarika College. However, even before such relieving order,

         the petitioner has neither been noticed nor any opportunity of

         hearing has been afforded. After the order of relieving, having

         been passed, the petitioner has been served with a show cause
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         notice directing him to file fresh explanation under Memo No.

         R/PPU 712/25 dated 15.05.2025.

                       5. Initially, the writ petition has been filed seeking

         quashing of the enquiry report as well as the relieving order

         from the post of Incharge Principal, besides seeking a direction

         upon the respondent to consider the case of the petitioner for

         promotion to the post of Professor (History) from due date,

         when he became eligible for promotion. However, before

         pressing the writ petition, learned Advocate for the petitioner

         submitted that now his relief is only confined to relief No. 1(a.)

         which reads as follows:

                         “1(a.)To issue writ in the nature of mandamus
                         directing the respondents to consider the case of
                         petitioner for promotion on the post of Professor
                         (History) from the due date (I.e the date on which
                         petitioner became eligible for promotion) and
                         thereafter to grant promotion to petitioner from
                         such due date as petitioner was duly found fit and
                         suitable for promotion by the Screening Committee
                         and was accordingly called to appear in the
                         interview scheduled on 20.02 2025. The petitioner
                         duly attended in interview convened by the
                         selection committee chaired by the Hon'ble Vice
                         Chancellor but subsequently in the meeting of the
                         Syndicate convened on 29.03.2025 the case of
                         petitioner for promotion on the post of
                         Professor(History) was arbitrarily and unfairly not
                         considered by syndicate for promotion despite the
                         fact that petitioner is one of the most eligible and
                         senior candidates among those who were
                         considered for promotion by the syndicate. This
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                         exercise of not considering the case of petitioner
                         for promotion by syndicate is totally arbitrary
                         actuated with malafide and is in gross violation of
                         the settled principles of service jurisprudence
                         especially when no departmental proceeding is
                         pending against the petitioner.”

                       6. To support the relief as noted hereinabove, after

         adverting all the contention, learned Advocate for the petitioner

         placed heavy reliance on a decision rendered in the case of

         Union Of India vs. K.V. Jankiraman [(1991) 4 SCC 109]. It is

         submitted that the Hon’ble Supreme Court in no uncertain terms

         held that the promotion cannot be withheld merely because of

         some disciplinary/criminal proceedings are pending against the

         employee. To deny the said benefit, they must be at the relevant

         time pending at the stage when charge-memo/charge-sheet has

         already been issued to the employee. The Court further

         emphasized that a departmental proceeding is said to be initiated

         with effect from the date of issuance of memo of charge or in a

         criminal case when charge sheet has been submitted.

         Admittedly, in the case at hand, when the claim of the persons

         junior to the petitioner was considered by the Syndicate and the

         Senate, there was neither any departmental proceeding nor

         criminal case pending against the petitioner.

                       7. Dr. Anand Kumar, learned Advocate for the

         University while refuting the contention of the petitioner
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         submitted that so far the enquiry report is concerned, the

         enquiry has been conducted in pursuant to the direction of the

         Chancellor of the University. Prima facie, various irregularities

         have been found against the petitioner which led to issuance of

         show cause. Till enquiry is under process the petitioner has been

         relieved from the post of Incharge Principal of the college so

         that the enquiry may not be anyhow hampered. It is further

         contended that the petitioner appeared for promotion before the

         Section Committee on 22.02.2025 for grant of promotion to the

         post of Professor and the recommendation of the Selection

         Committee has been put in a sealed envelop before the then Vice

         Chancellor of the University and all sealed envelopes were kept

         before the 25th Syndicate Meeting on 29.03.2025 for their

         recommendation. The Syndicate gave their recommendation

         except Dr. Abhyanand Singh and the petitioner against whom

         there is serious allegation of financial irregularities.

                       8. It has further been informed that pursuant the

         direction of the Hon’ble Governor, the Enquiry Committee has

         submitted a report based upon which FIR has also been lodged

         against the petitioner for embezzlement of government money.

                       9. This Court has considered the submissions

         advanced by the learned Advocates for the respective parties.
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         Before proceeding further it would be apt and proper to

         encapsulate paragraph No. 8, 16 and 17 of the decision rendered

         by the Apex Court in the case of K.V. Jankiraman (supra),

         where in the opinion of this Court will have material bearing

         and guide the final decision:

                         “8. The common questions involved in all these
                         matters relate to what in service jurisprudence has
                         come to be known as “sealed cover procedure”.
                         Concisely stated, the questions are: (1) What is the
                         date from which it can be said that
                         disciplinary/criminal proceedings are pending
                         against an employee? (2) What is the course to be
                         adopted when the employee is held guilty in such
                         proceedings if the guilt merits punishment other
                         than that of dismissal? (3) To what benefits an
                         employee who is completely or partially
                         exonerated is entitled to and from which date? The
                         “sealed cover procedure” is adopted when an
                         employee is due for promotion, increment etc. but
                         disciplinary/criminal proceedings are pending
                         against him at the relevant time and hence, the
                         findings of his entitlement to the benefit are kept in
                         a sealed cover to be opened after the proceedings
                         in question are over. Hence, the relevance and
                         importance of the questions.

                         16. On the first question, viz., as to when for the
                         purposes of the sealed cover procedure the
                         disciplinary/criminal proceedings can be said to
                         have commenced, the Full Bench of the Tribunal
                         has held that it is only when a charge-memo in a
                         disciplinary proceedings or a charge-sheet in a
                         criminal prosecution is issued to the employee that
                         it can be said that the departmental
                         proceedings/criminal prosecution is initiated
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                         against the employee. The sealed cover procedure
                         is to be resorted to only after the charge-
                         memo/charge-sheet is issued. The pendency of
                         preliminary investigation prior to that stage will
                         not be sufficient to enable the authorities to adopt
                         the sealed cover procedure. We are in agreement
                         with the Tribunal on this point. The contention
                         advanced by the learned counsel for the appellant-
                         authorities that when there are serious allegations
                         and it takes time to collect necessary evidence to
                         prepare and issue charge-memo/charge-sheet, it
                         would not be in the interest of the purity of
                         administration to reward the employee with a
                         promotion, increment etc. does not impress us. The
                         acceptance of this contention would result in
                         injustice to the employees in many cases. As has
                         been the experience so far, the preliminary
                         investigations take an inordinately long time and
                         particularly when they are initiated at the instance
                         of the interested persons, they are kept pending
                         deliberately. Many times they never result in the
                         issue of any charge-memo/charge-sheet. If the
                         allegations are serious and the authorities are keen
                         in investigating them, ordinarily it should not take
                         much time to collect the relevant evidence and
                         finalise the charges. What is further, if the charges
                         are that serious, the authorities have the power to
                         suspend the employee under the relevant rules, and
                         the suspension by itself permits a resort to the
                         sealed cover procedure. The authorities thus are
                         not without a remedy. It was then contended on
                         behalf of the authorities that conclusions Nos. 1
                         and 4 of the Full Bench of the Tribunal are
                         inconsistent with each other. Those conclusions are
                         as follows: (ATC p. 196, para 39)
                         “(1) consideration for promotion, selection grade,
                         crossing the efficiency bar or higher scale of pay
                         cannot be withheld merely on the ground of
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                         pendency of a disciplinary or criminal proceedings
                         against an official;
                         (2) ***

                         (3) ***

                         (4) the sealed cover procedure can be resorted to
                         only after a charge memo is served on the
                         concerned official or the charge-sheet filed before
                         the criminal court and not before;”


                         17. There is no doubt that there is a seeming
                         contradiction between the two conclusions. But
                         read harmoniously, and that is what the Full Bench
                         has intended, the two conclusions can be
                         reconciled with each other. The conclusion No. 1
                         should be read to mean that the promotion etc.
                         cannot be withheld merely because some
                         disciplinary/criminal proceedings are pending
                         against the employee. To deny the said benefit, they
                         must be at the relevant time pending at the stage
                         when charge-memo/charge-sheet has already been
                         issued to the employee. Thus read, there is no
                         inconsistency in the two conclusions.”
                                                          Emphasis supplied
                       10. After going through the afore noted decision

         there is no room for doubt that the promotion of a person can

         not    be     withheld      merely       in   the   eventualities   where

         disciplinary/criminal proceeding is/are pending against the

         employee. To deny the said benefit they must be at the relevant

         time pending at the stage when charge-memo/charge-sheet has

         already been issued to the employee

                       11. Now coming to the case at hand, admittedly the
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         date on which the claim for promotion to the post of Professor

         was considered by the Syndicate of the University, there was

         neither any memo of charge nor any charge sheet was

         submitted. In fact, even the FIR was not lodged against the

         petitioner. This Court also finds substance to the submissions

         made by the learned Advocate for the petitioner that after

         objection having been filed by the petitioner against the

         constitution of the first Committee, the Vice Chancellor has

         constituted a fresh Committee on 04.03.2025 as is evident from

         notings made on the objection of the petitioner at page-35 of the

         writ petition. This Court also finds that subsequent thereto, a

         fresh Committee has also been constituted consisting of four

         Members        vide     notification      contained   in   Memo   No.

         R/PPU/982/25 dated 30.06.2025 requesting it to submit a report

         within 45 days. The said Committee has not submitted any

         report as yet.

                       12. In view of the aforesaid facts and the settled

         position in law, this Court finds merit in the writ petition to the

         extent whereby the petitioner sought a direction upon the

         respondent to consider his case for promotion to the post of

         Professor from the due date on which he became eligible and/or

         his juniors have been promoted. Accordingly, this Court directs
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                      the Vice Chancellor of the Patliputra University to consider the

                      claim of the petitioner for promotion to the post of Professor

                      with effect from the due date by constituting a fresh Selection

                      Committee. This exercise must be completed preferably within a

                      period of eight weeks from the date of receipt/production of a

                      copy of this order.

                                    13. The writ petition stands allowed to the extent

                      indicated hereinabove.




                                                  (Harish Kumar, J)
Anjani/-
AFR/NAFR
CAV DATE
Uploading Date           04 .02.2026
Transmission Date


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