PATNA: A division bench of
Patna high court on Tuesday stayed all orders passed by a single bench on various issued related to all universities across Bihar after the chancellor moved high court pleading that his statutory powers were being taken over by the periodic orders passed by the single bench.
The bench of chief justice
Rajendra Menon and
justice Rajeev Ranjan Prasad while staying orders of bench of Justice
Ahsanuddin Amanullah, also issued notice to petitioner
Asha Sahay, while hearing whose petition, several orders were passed. The LPA was filed by the chancellor on July 27.
Notices were served to 81 other respondents too, out of which, 22 were district magistrates (DM) and superintendents of police (SP) of 11 districts of Bihar. It was while hearing Sahay’s case only that single bench had summoned vice-chancellors and registrars of all varsities and DMs and SPs for improving situation of universities by installation of CCTVs and giving separate space to protestors inside campus.
Sahay was wife of Kumar Nalin Bilochan Sahay who retired from Bhim Rao Ambedkar Bihar University in Muzaffarpur but did not received post-retirement benefits. He had filed petition on October 13, 2015 but died during the course of hearing after which his wife became the petitioner.
Chancellor’s counsel Rajendra Kumar Giri said it was pleaded before division bench that chancellor’s statutory powers had been virtually taken over with the periodic orders passed by the single bench during the hearing over Sahay’s writ petition which was actually filed for getting post-retirement benefits.
“It was only due to this, the chancellor moved before court after which the division bench stayed further hearing in the matter as well as the past orders too,” he said.
Additional advocate general (AAG) Ashutosh Ranjan Pandey said Sahay was granted all benefits which were due but hearing on the matter continued.
“The division bench observed that some of the issues taken up for hearing in the actual petition, were of public interest litigation natured after which all past orders and further proceedings in the matter were stayed,” he said.
He said the single bench had also summoned chancellor’s principal secretary to remain present on August 3, which is now also stayed.
