Patna High Court
Raj Kishore MishraversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The court held that since the university had already instituted a departmental inquiry and taken disciplinary action, there was nothing left for adjudication and the PIL was closed.
Summary
The petitioner filed a public interest litigation alleging that Rs. 5 crore of college funds of Mahakavi Kalidas Suryadeo Mahavidyalaya were embezzled and that the university had failed to take action against the former principal, Dr. Phulo Paswan. The petition sought a court‑ordered inquiry by vigilance and punitive action against the alleged perpetrators. The university responded that a committee had been constituted, the principal was suspended, a chargesheet was filed, his salary and increments were adjusted, and later his suspension was revoked and he was posted elsewhere. The court examined the counter‑affidavit and found that departmental proceedings were already underway and that the university had taken disciplinary steps. Consequently, the court concluded that there was no remaining issue for adjudication and closed the PIL. The petition was therefore disposed without any further relief.
Issues considered
- What relief, if any, can be granted by the court in a PIL alleging embezzlement when the university has already initiated departmental proceedings?
- Whether the university's actions constitute arbitrary, mala fide, or unconstitutional denial of justice warranting judicial intervention.
Subjects
- public interest litigation
- embezzlement
- university administration
- departmental inquiry
- suspension
- administrative action
- PIL dismissal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.530 of 2026
======================================================
Raj Kishore Mishra Son of Jaynandan Mishra, Resident of Village
Chandauna, 89, Ward no 2, PS Jale District Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The Additional Chief Secretary, Education Department, Govt. of Bihar,
Patna.
3. The Vice Chancellor, L.N. Mithila University, Darbhanga.
4. The Registrar, L.N. Mithila University, Darbhanga.
5. The Finance Officer, L.N. Mithila University, Darbhanga.
6. The Principal, Mahakavi Kalidas Suryadeo Mahavidyalaya, Trimuhan,
Chandauna, District Darbhanga, a constituent unit of L.N. Mithila
University, Darbhanga.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Bhushan Singh, Adv.
For the Respondent/s : Mr. Government Advocate (11)
For the University : Mr. Bindhyachal Rai, Adv.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 20-02-2026 Heard the learned counsel for the respective
parties.
2. The instant writ petition, in the nature of Public
Interest Litigation, has been filed seeking the following
relief(s):-
"1. (1) That this writ application is being
filed in the nature of the Public Interest Litigation
(PIL) for a direction to conduct an enquiry
Patna High Court CWJC No.530 of 2026(3) dt.20-02-2026
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through Vigilance regarding embezzlement about
Rs.5,00,00,000/- (Five Crore) of internal sources
of Mahakavi Kalidas Suryadeo Mahavidyalaya,
Trimuhan, Chandauna, District-Darbhanga
(hereinafter MKS College, Chandauna) as the
University vide Memo No. 153/23 dated
05.06.2023 has accepted the embezzlement of
college fund of approximate Rs. 3,00,00,000/-
and for a direction to take appropriate step for
recovery of said public amount which has been
syphoned but the respondent University has not
taken any step.
(II) For a direction to take appropriate
action against the responsible persons involved
in embezzlement of college fund and/or any other
relief/reliefs for which the petitioner may found
to be entitled in the facts and circumstances of
the case.”
3. The main ground that has been taken is that the
action of the respondent authorities is arbitrary, mala fide,
unreasonable, unconstitutional and wholly untenable in law. It
has been specifically alleged that the Principal, who functioned
during the period from July, 2021 to 11.04.2023, was involved
in embezzlement and misappropriation of the College funds;
however, no appropriate or lawful action has been taken against
him by the competent authorities in accordance with law.
4. When the matter was taken up on 22.01.2026, we
asked the learned counsel for respondent nos. 3 to 5 to apprise
Patna High Court CWJC No.530 of 2026(3) dt.20-02-2026
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the Court about the status of the proceedings stated to have been
initiated against Dr. Phulo Paswan, Principal, M.K.S. College,
Trimuhan, Chandauna, Darbhanga.
5. The learned counsel for the respondents no. 3 to 5
has filed a counter affidavit, wherein statements have been made
in paragraph nos. 6 and 9, which read as follows:
“6. That Dr. Phulo Paswan, the-then
Principal of M.K.S. College, pat Trimuhan
Chandauna, Darbhanga and posted as Principal,
C.M.B. College, Deorh Ghoghardiha,
Madhubani at that point of time the was put
under suspension on recommendation made by
the Committee constituted vide memo no.
SC/134/23 dated 10-05-2023 based upon the
primafacy evidence available against him for the
charges of financial irregularities, embazzelment
of College fund of approx Rs. 3,00,00,000/- (Rs.
Three Crore approx), gross misconduct,
correction and dereliction of duty during his
tenure as the Principal, M.K.S. College,
Trimuhan of Chandauna, Darbhanga and during
the period suspension his Headquarter was fixed
at S.B.S.S. College, Begusarai (as annexed as
Annexure-P-2 of the writ petitioni An office order
vide memo no. SC/236/23 dated 31-07-2023 was
issued to appoint Prof. Ashok Kumar Bachchan,
Dean Faculty of Humanities, Lalit Narayan
Mithila University, Darbahanga as conducting
officer and Dr. Divya Rani Hansda, Deputy
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Registrar-II. Lalit Narayan Mithila University,
Darbhanga as presenting officer for initiation of
proceedings against Dr. Phulo Paswan, Principal
under was also framed through suspension.
Chargesheet memorandum vide letter no.
SC/235/23 dated 31-07-2023. A Committee
issued letter to Dr. Paswan to be present before
the Committee for conducting Departmental
Proceedings on 11-08-2023 at 1:00 P.M. vide
letter no. SC/238/23 dated 01-08-2023. Dr.
Paswan was present at the time of meeting.
9. That on the recommendation of the
Committee, suspension of Dr. Phulo Paswan was
revoked vide memo no. SC/05/24 dated 05-01-
2024 with following:
i. Suspension be revoked.
ii. The period of presence' and 'absence' be
obtained from the Principal of S.B.S.S.
College, Begusarai
iii. Payment of salary be made for
presence period and rest after sanction of
leave for absence period.
iv. Two (02) annual increments of Dr.
Phulo Paswan, Principal be reducted from
the date of notification.
v. Dr. Paswan be warned not to repeat
such action in future.
vi. With above mentioned conditions, the
suspension of Dr. Phulo Paswan, Principal
is revoked and he is posted as the
Principal of R.C.S. College, Manjhaul,
Patna High Court CWJC No.530 of 2026(3) dt.20-02-2026
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Begusarai with immediate effect.”
6. On the basis of the counter affidavit, we are of the
view that not only a Committee was constituted to inquire into
the matter but a departmental proceeding was also initiated. Dr.
Phulo Paswan, the then Principal, was placed under suspension.
Subsequently, by notification of the University, two annual
increments were reduced with effect from the date of such
notification, and he was cautioned not to repeat such conduct in
future. However, the order of suspension was later revoked, and
he was posted as Principal of R.C.S. College, Manjhaul,
Begusarai with immediate effect.
7. In view of the counter affidavit filed on behalf of
respondent nos. 3 to 5, we are of the considered opinion that
nothing survives for adjudication in this Public Interest
Litigation. Accordingly, the same stands closed.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
rohit/-
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