2025:JHHC:15138 IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No. 1262 of 2025 ----- Amulya Suman Beck, S/o Late John Beck, R/o Near Coalfield Clinic J.C. Mallick Road, Ashtha Akriti Apartment, Dhanbad, P.O. & P.S.-Dhanbad, Dist.-Dhanbad, Jharkhand, presently posted as Assistant Professor (Political Science, PG Department) at Binod Bihari Mahto Koylanchal University, Dhanbad-Cum-University Representative-Cum-the Secretary, Governing Body, Rajganj Degree College, Rajganj, Dhanbad, Jharkhand … …. Petitioner Versus 1. The State of Jharkhand 2. The Vice Chancellor, Binod Bihari Mahto Koylanchal University, Dhanbad, P.O.-Nagnagar, P.S.-Barwadda, Dist.-Dhanbad, Pin-826004, Jharkhand 3. The Registrar, Binod Bihari Mahto Koylanchal University, Dhanbad, P.O.-Nagnagar, P.S.-Barwadda, Dist.-Dhanbad, Pin-826004, Jharkhand 4. The Sub Divisional Officer, Dhanbad-Cum-Member Governing Body Rajganj Degree College, Rajganj, P.O. & P.S. Dhanbad, Dist.-Dhanbad Pin-826001, Jharkhand 5. The Tundi M.L.A -Cum-The President, Governing Body, Rajganj Degree College, Ranjganj at Sijua No. 6, P.O.-Bhelatand, P.S.-Jogta, Dist.-Dhanbad, Pin-828121, Jharkhand 6. The Branch Manager, Bank of India, Rajganj, Dhanbad, P.O. & P.S.- Rajganj, Dist.-Dhanbad, Pin-828113, Jharkhand 7. The Principal, Dr. Priytosh Kumar, Rajganj Degree College, Rajganj, P.O. & P.S. Rajganj, Dist.-Rajganj Pin-828113, Jharkhand 8. Jiwadhan Mahto, Professor, Bursar, Rajganj Degree College, Rajganj, P.O. & P.S. Rajganj, Dist.-Rajganj Pin-828113, Jharkhand 9. Dr. Ranjit Kumar Singh, Professor, Department of English, Rajganj Degree College, Rajganj, P.O. & P.S. Rajganj, Dist.-Rajganj Pin-828113, Jharkhand … …. Respondents ----- CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY ----- For the Petitioner : Mr. P.P.N. Roy, Sr. Advocate Mr. Ranjan Prasad Ram, Advocate For the State : Mr. Prashant Kr. Rai, SC (L&C)-1 For the Respondent-6 : Mr. Shresth Gautam, Advocate Mr. Gaurav Kumar, Advocate Mr. Yogendra Yadav, Advocate ----- Oral Order 03 / Dated : 11.06.2025 1. The instant writ petition has been filed under Article 226 of the Constitution of India, for direction upon respondent Nos. 2 to 5 to take action against the respondent Nos. 7 to 9, and to remove them from their 2025:JHHC:15138 2 posts and to lodge criminal case against them, for illegal withdrawal of college fund without consent of the Petitioner (Secretary), in violation of the by-laws of the College, and disbursement of the amount as salary to one Assistant Professor for three months even before the appointment date. 2. As per the case of the petitioner, the petitioner is posted as Assistant Professor at Binod Bihari Mahto Koylanchal University, Dhanbad and is University representative-cum-Secretary, Rajganj Degree College, Dhanbad. 3. It is argued by the learned counsel on behalf of the petitioner, that the Bank account of the college was to be operated by the joint signature of the Petitioner and the Principal of the college in pursuance of the resolution of meeting No. 14 dated 15.01.2024 of the Governing Body. It is alleged that respondent nos. 7 to 9 under a conspiracy with concerned Branch Manager of the Bank (R-6) illegally withdrew Rs.9,33,183/- without the consent of the petitioner as a Secretary. It is further alleged that the said amount was disbursed to Dr. Neelam Roy for the months of March, April and May, 2024, whereas her appointment was made after 11.07.2024. Against this backdrop, the petitioner has sought for the above relief for action by respondent nos. 2 to 5 against respondent nos. 7 to 9 and also to lodge criminal case against them for violating the bye-law. 4. Having heard the Counsel on behalf of the Petitioner, it needs to be appreciated that in cases of infringement of legal right, in contradistinction to that of fundamental right, exercise of writ jurisdiction is discretionary in nature. It may be refused on equitable ground and also where there is alternative remedy or the petitioner has not come with a clean hand and is invoking jurisdiction of this Court to wreak vengeance. 5. The present case is not regarding the violation of any fundamental right. The petitioner is aggrieved as his consent was not obtained for withdrawal of fund for disbursement of salary to one of the Assistant Professors of the University. It is alleged that such withdrawal was in violation of the bye-law and was for a period before her appointment. 2025:JHHC:15138 3 6. Even if the allegations are assumed to be true, it is the University which can be said to have suffered wrongful loss on account of embezzlement of the amount, and the Petitioner cannot be said to have suffered any pecuniary loss causing infringement of his legal right. 7. The petitioner has also an alternative remedy as he is himself competent to set criminal law into motion on the alleged charges. This Court is of the view that the facts and circumstances of the case do not prima facie make out a case for exercising writ jurisdiction to give direction as prayed for. I do not find any merit in the instant writ petition for admission which is, accordingly stands dismissed. Pending I.A., if any, stands disposed of. (Gautam Kumar Choudhary, J.) AKT/Satendra