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Judgment
1.Petitioner is a Professor in Geography with respondent-University, who is aggrieved by levy of damage charges while he remained on deputation
as Vice-Chancellor of Magadh University. Petitioner claims to have made Representation (Annexure P-8) on 25th November, 2016 to seek waiver
of the damage charges. According to petitioner’s counsel, there is no proper response to Representation (Annexure P-8) and that although
successive Representations were made by petitioner, still respondent-University has deducted a sum of `4.50 lacs (approx.) from the salary of
petitioner towards damage charges in an unjustified manner.
2.According to petitioner’s counsel, while on deputation, petitioner was entitled to retain the residential accommodation provided to him by
respondent-University. In all fairness, learned counsel for petitioner has drawn attention of this Court to respondent’s Communication of 18th
February, 2016 (Annexure P-7), which discloses that the permissible period for retention of a house after proceeding on deputation is of two months
only. It is also pointed out by petitioner’s counsel that the aforesaid stand taken in Communication of 18th February, 2016 (Annexure P-7) was
reiterated by respondent-University vide its Communication of 24th January, 2017 (Annexure P-10), but the aspect of petitioner’s entitlement to
retain the residential accommodation during the deputation period has not been properly considered by respondentUniversity in either of the two
Communications. Reliance is sought to be placed by petitioner’s counsel upon Ordinance 10 (X) (Annexure P-9) relating to Allotment of
Residential Accommodation, to justify the retention of residential accommodation while being on deputation. Learned counsel for petitioner submits
that reliance placed by respondent upon SR 317-B 11(2) is of no avail to the case of respondent-University.
Despite service of advance notice, none appears on behalf of respondent.
4.Since there is no effective response to petitioner’s Representation (Annexure P-8), followed by successive Representations, therefore, in the
facts and circumstances of this case, it is deemed appropriate to dispose of this petition and the application with permission to petitioner to make
fresh concise Representation to respondent-University to seek the relief as sought in this petition, within a period of two weeks from today. Upon
receipt of such a Representation, respondent-University shall pass a speaking order thereon, within a period of six weeks and convey its fate to
petitioner within a week thereafter, so that petitioner may avail of the remedies as available in law, if need be.Â
5.With aforesaid directions, this petition and the application are disposed of. Copy of this order be given dasti to counsel for petitioner.