Patna High Court - Orders
The State Of Bihar vs Ram Nagina Singh & Ors on 28 June, 2011
Author: S K Katriar
Bench: S K Katriar
IN THE HIGH COURT OF JUDICATURE AT PATNA
LPA No.1093 of 2010
The State of Bihar
Versus
Ram Nagina Singh & Ors
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06- 28.06.2011 Mr. Manoj Kumar, learned Assistant Counsel to Standing Counsel No.6, for the appellant, Mr. Anil Singh for respondent no.1, and Mr. Gautam Kezriwal for respondent nos.2 to 4, and 6, are present.
2. While pressing this appeal, learned counsel for the appellant submits that the following portion in the order of the learned Single Judge interferes with the system created by the State Government, inasmuch as the auditors are under the administrative control of the Finance department which has, by this order, been transferred to the Vice-Chancellor which will create administrative problems:
"After hearing the officers including the head of the audit team as also the Vice- Chancellor and the Registrar, 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."2
3. Before we deal with this issue, we would like to point out that the auditors deputed to the Universities for the purpose in question seem to have gained notoriety by their unfair and oppressive approach in the University, as a result of which the employees and others are feeling very oppressed. We get this impression on the basis of the submissions made by learned counsel for different parties during the course of submissions before us. This, therefore, calls for remedial measure(s) which has direct nexus with the direction made by the learned Single Judge and reproduced hereinabove. Let the issues be considered by the concerned authorities and the remedial measures be taken by the Finance Department, followed by a supplementary affidavit personally sworn by the Finance Commissioner within a period of two months.
4. Put up after three months. The time in the meanwhile may be utilised by the parties for completion of pleadings.
5. There shall be stay of operation of the aforesaid observations until further orders of this Court.
(S K Katriar, J.) (Amaresh Kumar, Lal, J.) S.K.Pathak/