Patna High Court - Orders
The State Of Bihar vs Ram Nagina Singh & Ors on 18 January, 2012
Author: T. Meena Kumari
Bench: T. Meena Kumari
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No. 1093 of 2010
In
Miscellaneous Jurisdiction Case No. 207 of 2009
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The State of Bihar through A. K. Sinha, S/o. Late Ram Raj Singh, The
Secretary, Human Resources Department, Govt. of Bihar, Patna.
Opposite Party .... .... Appellant.
Versus
1. Ram Nagina Singh, S/o. Late Ram Ratan Singh, R/o. Mohalla - Shashtri
Nagar West, P.S.- Chandauti, Distt.- Gaya.
.... .... (Petitioner) .... .... Respodent 1st Set.
2. Mr. Panday, The Vice Chancellor, Magadh University, Bodh Gaya,
Distt.- Gaya.
3. Mr. S. Srivastava, S/o. not known, the Finance Officer, Magadh
University, Bodh-Gaya, Distt.- Gaya.
4. Mr. D. K. Yadav S/o. not known, the Registrar, Magadh University,
Bodh Gaya, Distt.- Gaya.
5. Mr. Srikant Sharma, S/o. not known, the Principal, Gaya College, under
the Magadh University, Bodh Gaya, Distt.- Gaya.
6. The Magadh University through Registrar, Gaya.
.... .... Opposite Parties .... .... Respondents.
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9 18-01-2012Heard the parties.
The present appeal is filed against the observations made by the learned Single Judge in a contempt case arising out of M.J.C. No. 207 of 2009 dated 12.05.2010 which reads as follows:-
"In compliance of my order dated 5.5.2010 the Principal Secretary, Finance Department and the Director, Higher Education, Bihar Patna appeared on behalf of the Principal Secretary, Human Resources Department who has gone to New Delhi in connection with a matter pending in Hon'ble Supreme Court. The officers have been requested to appear in this Court to assist this Court in resolving the controversy raised by and between the Vice Chancellor and the auditor about the receipt and disposal of the file for verification and audit. After hearing the officers including the head of the audit team as also the Vice-Chancellor and the Registrar, 2 Magadh University it is directed that in order to expedite the receipt and disposal of the audit and verification work it is necessary that auditors deputed in the University are subjected to the administrative control of the Vice Chancellor and their salary during the period of deputation is released on receipt of the absentee statement from the Vice-Chancellor of the University. This arrangement is being made so as to ensure quick disposal of files by the audit team as there is complain that the receipt and disposal of files by the audit team is delayed result being the Vice-Chancellor and the Registrar of the University have to appear before this Court to answer the charge of contempt on account of non- compliance of the direction of this Court for release of the salary and other terminal dues to the teaching and non- teaching employees of the University. It was submitted by the Vice-Chancellor of the University that file relating to petitioner Ram Nagina Singh and Kameshwar Nath Pandey has been cleared by the audit team very recently on 7.5.2010, reasoned order in compliance of the orders of this Court dated 23.6.2008 and 18.5.2009 shall be passed on or before 18.5.2010 and payment in the light of that order shall also be released before that date and information to that effect shall be furnished by the Registrar of the University by filing supplementary show cause. In the event, supplementary show cause in compliance of the orders of this Court is filed on or before 19.5.2010 the Vice Chancellor and the Registrar, Magadh University need not appear before this Court on the next occasion."
Learned counsel for the State has submitted that the Auditors of the State are not under the administrative control of Magadh University and hence the University cannot take any action against them.
Learned counsel appearing on behalf of the Magadh University has also supported the contention of the learned counsel for the State.
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Accordingly, we are of the opinion that in case the University reports about any inaction on the part of the Auditors, the State is at liberty to take action against them in accordance with law.
With the above observations, this applications stands disposed of.
(T. Meena Kumari, J.)
S.A./Kundan (Gopal Prasad, J.)