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Patna High Court - Orders

Kamal Deo Thakur vs Shree R.S. Gawai & Ors on 28 February, 2009

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                            MJC No.2752 of 2007
                              KAMAL DEO THAKUR
                                   Versus
                           SHREE R.S. GAWAI & ORS
                                -----------


13   28.02.2009
                     When     the    case       was    taken      up    on

                  26.2.2009,        the     Registrar         and the Pro Vice-

                  Chancellor         were    present          in     Court    and      an

exemption petition was filed on behalf of the Vice-Chancellor. For reasons stated in the exemption petition his appearance was condoned on that day and he was directed to be present today.

Accordingly, the case was fixed for today for appearance of Vice-Chancellor and the Registrar of the University. The Registrar is present and Vice-Chancellor has not appeared in Court today also. Again an exemption petition is being filed for condoning his absence in Court. It is stated in the exemption petition that the Vice- Chancellor has to attend function of IGNOU as a chief guest and therefore, he is unable to appear in this Court. It is highly deprecated that the Vice-Chancellor has ignored the orders of this Court and has preferred to 2 attend the function as a chief guest by disobeying the orders of this Court for his appearance. However, learned counsel for the University prays for one week time as a last indulgence to the Vice-Chancellor to enable him to appear in this case.

In the circumstances, the exemption petition filed today is allowed and the case is fixed for 5th of March, 2009 as a first case in the list of contempt matters.

               The        Vice-Chancellor              shall     be

personally     present          in   Court    on       that    date

along with the Registrar, failing which this Court may take coercive action for appearance of the Vice-Chancellor in this Case.

With the exemption petition, the University order has been annexed from which it appears that the case of the petitioner for his notional promotion as Professor has been rejected by the syndicate on account of disobedience of the petitioner in obeying the orders of his transfer.

Earlier on 5.2.2009, this Court was given an impression that a committee constituted by the Vice-Chancellor has 3 considered the case of the petitioner for notional promotion to the post of Professor and has taken some decision.

                       In    the        circumstances,     let    the

          University    produce          the     entire    original

          records   pertaining      to    the    consideration     of

the case of the petitioner for granting him consequential reliefs in terms of the orders of the Hon'ble Supreme Court.

Arvind/                             ( J. N. Singh, J.)