Lal Jha vs Kameshwar Singh Darbhanga ...
2021 Latest Caselaw 4162 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                    Miscellaneous Jurisdiction Case No.1844 of 2018
                                       Arising out of
                     Civil Writ Jurisdiction Case No.14580 of 2017
     ======================================================

Lal Jha, Son of Late Baidyanath Jha, Resident of Village- Samaul, P.O.- Birsair, P.S.- Pandaul, District- Madhubani.

... ... Petitioner/s Versus

1. Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga through its Registrar Dr. Shiv Lochan Jha.

2. Dr. Sarb Narayan Jha, Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

3. Sri Shiv Lochan Jha, Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga

4. Sri R.K. Mahajan, Principal Secretary, Department of Education, Government of Bihar, Patna.

5. The State of Bihar through Principal Secretary Sri R.K. Mahajan, Department of Education, Bihar, Patna.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Durga Nand Jha, Advocate For the State : Mr. Rakesh Narain Singh, Advocate For the KSDSU : Mr. Gyanand Roy, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 18-08-2021

The matter has been heard via video conferencing.

2. Heard Mr. Durga Nand Jha, learned counsel for the

petitioner; Mr. Rakesh Narain Singh, Advocate for the State and

Mr. Gyanand Roy, learned counsel for the Kameshwar Singh

Darbhanga Sanskrit University (hereinafter referred to as the

'University').

3. On 14.07.2021, the Court had directed the Vice

Chancellor and Registrar of the University to show cause as to

why appropriate orders should not be passed against them, both Patna High Court MJC No.1844 of 2018 dt.18-08-2021

for violation of the order dated 24.04.2018 passed in CWJC No.

14580 of 2017 as well as their commitment before the Court on

23.06.2021 that the order dated 24.04.2018 passed in CWJC No.

14580 of 2017 shall be fully complied with.

4. Second supplementary show cause has been filed

on behalf of the Vice Chancellor and Registrar of the University.

They have also joined the proceeding through virtual mode.

5. Learned counsel for the University referred to the

statement made in the said show cause and submitted that the

pay verification has been made by the Pay Verification Cell of

the Education Department, Government of Bihar in consultation

with the University and in terms thereof, all admissible dues

have been paid to the petitioner.

6. Learned counsel for the petitioner submitted that

the petitioner may be given liberty to file a representation before

the concerned authority in case there is any discrepancy and also

to assail any portion if he feels aggrieved or if either no payment

or less payment has been made under any head.

7. Having regard to the aforesaid, the Court finds that

payment of the admitted dues, as was required, having been

made by the University, nothing further remains in the present

petition.

Patna High Court MJC No.1844 of 2018 dt.18-08-2021

8. Accordingly, the petition stands disposed of.

9. However, it shall be open to the petitioner that if he

finds any discrepancy in the calculation or is aggrieved by any

less payment or non-payment under any head, he shall be free to

file a detailed representation before the Registrar of the

University. If the same is done within two months from today,

the Registrar shall get the matter looked into and after

verification from the official records and also after giving an

opportunity of hearing to the petitioner, if asked for, shall

dispose of the same by a reasoned order within six weeks from

the date of filing of such representation.

10. Rule issued in the matter of contempt against the

Vice Chancellor and the Registrar of the University under order

dated 07.04.2021, stands discharged.

11. The order of stay with regard to the Vice

Chancellor and the Registrar of the University drawing their

salary and other emoluments until further orders, stands vacated.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T