Patna High Court - Orders
Anil Kumar Singh vs The State Of Bihar & Ors on 11 August, 2014
Author: Jayanandan Singh
Bench: Jayanandan Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.3242 of 2012
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1. Anil Kumar Singh S/O Late Naresh Prasad Singh R/O Village -
Bangardih, Post And P.S. Laxmipur, Distt. - Jamui
.... .... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Department Of
Education, Govt. Of Bihar, Patna
2. Shri Anjani Kumar, The Secretary, Department, Department Of Higher
Education, Govt. Of Bihar, Patna
3. Shri Bilat Paswan Shastri, The Vice Chancellor, Magadh University,
Bodhgaya
4. Shri Banshidhar Lal Registrar, Magadh University, Bodhgaya
5. Dr. Jitendra Rajak, Principal, Ram Ratan Singh College Mokama
.... .... Opposite Parties
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Appearance :
For the Petitioner/s : Mr. Satyam Shivam Sundaram
For the Opposite Parties : Mr. Rajesh Kr.Verma Sc27
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CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH
ORAL ORDER
9 11-08-2014First contempt application of the petitioner was disposed of on the statement of learned counsel for the opposite parties that all admissible dues of the petitioner have been paid to him. The said statement was not correct. Hence, petitioner filed this second contempt application on 11.07.2012.
After filing of this contempt application, amount was transferred by the College in the account of the petitioner on 18.08.2012. Hence, when the matter was taken up on 10.10.2012, this Court asked learned counsel for the opposite parties to explain the delay in crediting the amount in the account of the petitioner and the stand taken by them in the earlier contempt application. Patna High Court MJC No.3242 of 2012 (9) dt.11-08-2014 2/3
In the show cause, University took a stand that the grant was released in favour of the College in August, 2011 itself whereas Principal of the College asserted that the same was credited in the account of the College in June, 2012 and on 18.08.2012 he credited the amount in the account of the petitioner. Hence, by order dated 7.5.2013 this Court directed the University to produce concrete proof of transmitting the amount in the account of the College.
A show cause has been filed on behalf of the University on 2.7.2014. With the show cause, a letter of the Finance Officer of the University dated 18.4.2012 is annexed as Annexure-A, from which it appears that a lump sum amount was released in favour of the College on that day only for payment of arrears of the employees of the College in the light of the audit report. From the letter it appears that the auditor had submitted a report on 18.8.2011 itself with his recommendations in respect of dues of the employees of the College. Thus, it is clear that the delay was on the part of the University in sending the requisite amount to the College through cheque for payment of arrears of the employees.
Since admitted amount of the petitioner has been paid, this Court does not consider it appropriate to initiate any contempt proceeding against the University officials. But due to Patna High Court MJC No.3242 of 2012 (9) dt.11-08-2014 3/3 contradictory stand on behalf of the University officials and wrong statement, petitioner had to pursue this contempt application for two years.
In that view of the matter, this application is disposed of with a direction to the University officials to pay cost of Rs.10,000/- to the petitioner within four weeks from today. Vice Chancellor of the University shall be at liberty to realize the amount of cost from any official of the University, after compliance with Principles of natural Justice, who may be found responsible for the delay in the matter and for giving contradictory and wrong information to the counsel for the University in this Court. This shall be without prejudice to the right of the petitioner to claim interest on delayed payment in an appropriate proceeding in accordance with law.
(Jayanandan Singh, J) Pradeep/-
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