Dr. Anil Kumar Varshney vs State of Jharkhand & Ors

Aggrieved by the denial of promotion of post to the University Professor in Binova Bhave University, Hazaribagh, the petitioner approached this Court in W.P.(S) No.2688 of 2007, which was finally disposed of by order dated 19th January 2018, with the following direction:-

"11. After hearing the learned counsel for the respective parties and on perusal of the documents on record, this Court is of the considered view that since in pursuance to the judgment dated 01.05.2017, rendered in W.P. (S) No. 3375 of 2016 and batch of cases a Committee has been constituted, the writ petition is disposed of with liberty to the petitioner to approach the respondent-University by producing the relevant documents within a period of four weeks from the date of the order and the respondent-University on receipt of the application, shall provide opportunity to the petitioner to furnish any other documents, necessary for deciding the case of the petitioner. In case, the petitioner furnishes all the relevant documents, the respondent-University shall do well to refer the matter to the Committee, which shall decide the case within four months thereafter and the decision taken thereon shall be communicated to the petitioner. It is needless to mention that if the decision goes in favour of the petitioner, then all the consequential benefits be extended to the petitioner within a period of two months thereafter."

As the order was not complied with within a reasonable time, the petitioner is compelled to file the present contempt application.

On 14.10.2019, when this matter was taken up, it was informed that the relevant documents of the petitioner have been sent to the Experts for evaluation and comments upon the suitability or otherwise of the petitioner for promotion to the rank of Professor from the rank of Reader. Since this Court was of the opinion that the matter was being delayed, this Court directed to expedite the matter.

After that the matter was taken up on 09.10.2020, when the show-cause filed on 26.06.2020 on behalf of the respondent Registrar, Binova Bhave University Hazaribagh, was considered, in which, it had been stated that the matter of promotion of the petitioner from the rank of Reader to the rank of Professor had been referred to the Jharkhand Public Service Commission (hereinafter referred as 'Commission') on 06.03.2020 itself. This Court was however, informed by the learned counsel for the Commission that the documents had been received only on 28.9.2020, after the superannuation of the Chairman of the Commission. Another Chairman of the Commission had not yet been appointed.

This Court was surprised as to how when on 6.3.2020 itself the matter was sent by the Binova Bhave University, Hazaribagh, to the Commission at Ranchi, it had taken more than six months' time to reach the Commission, and this Court, by order dated 9.10.2020, directed both the parties to file the affidavit to show as to when the documents were sent by the University to the Commission and when the documents had been received in the Commission, and it was made clear that upon consideration of such affidavit, appropriate action may be taken against the person delaying the matter. Pursuant to the aforesaid order, a show-cause has been filed by the Commission, in which it was pointed out that the said letter dated 6.3.2020 was actually sent by the speed post to the Commission, and the envelop has been brought on record to show that it was posted on 22.09.2020 at Hazaribag, and received in the office of the Commission on 28.09.2020.

As against this, learned counsel for the Binova Bhave University submits that the staff of the University had personally gone to hand over the letter dated 6.03.2020 along with the documents in the office of JPSC, but no receipt was given to him and subsequently, the documents were sent on 22.9.2020 by the speed post. It is submitted that though an affidavit to this effect has already been filed, but it appears that the same is not on record. However learned counsel for the university has read over the affidavit, which is to the aforesaid effect.

This stand of the University cannot be accepted. Firstly for the reason that it is beyond imagination that if the official letter is personally handed over to the Commission, the receipt thereof shall not be given. Secondly, even if this statement is accepted, we see no reason as to why that document has been sent through speed post on 22.09.2020, i.e., after the expiry of six months. There are all reasons to believe that the statement that the document was personally handed over by a staff of the University to the Commission, is just a skin saving statement by the University for not sending the document on 6.03.2020 or soon thereafter, in spite of the fact that the matter was being pursued by the High Court for deciding expeditiously. The documents appears to have been illegally retained by some employee of the University deliberately, in order to delay the matter, or for some ulterior motive.

This Court cannot take this situation lightly. Accordingly, a cost of Rs.50,000/- (Rupees fifty thousand only) is imposed upon Binova Bhave University, Hazaribagh, for unduly delaying the matter, and this cost must be paid to the petitioner within a period of one month from today by the respondent University. The University, in its turn, shall be free to fix the responsibility upon its staff responsible for this delay, and realize the amount from the salary or other dues of such erring staff.

Now that the documents have been received in the Commission, the Commission is directed to take appropriate decision in the matter of promotion of the petitioner at the earliest. It is pointed out by learned counsel for the Commission that the Chairman of Commission has since retired and no person has been appointed as Chairman even in officiating or acting capacity. It is accordingly, directed that the Commission shall take final decision in the matter as expeditiously as possible, positively within a period of two months from the date of appointment of the regular / acting Chairman in the Commission.

It is also pointed out by the learned counsel for the JPSC that only photostat copies of the documents have been sent, though one document is in its original. Be that as it may, since the documents have already been sent to the Commission by the respondent University, the Commission shall take the final decision on the basis of those documents.

Let this matter be again listed on 22nd January 2021, by which date it is expected that all the formalities shall be over and the directions passed by the Writ Court shall be fully complied with.

Let a copy of this order be made available to the learned counsels for the Binova Bhave University, Hazaribagh, and Jharkhand Public Service Commission, for the needful.

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