Dinesh Kumar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15041 of 2021 ====================================================== Dr. (Prof.) Barindra Kumar Dey Son of Late Narayan Chandra Dey, Resident of Mohalla- Road No. 2, Kishori Mohan Khan Complex, Police StationChandauti, District- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary, Department of Education, (Higher) Govt. of Bihar, Patna.

2.

The Vice Chancellor, Magadh University, Bodh Gaya. 3.

The Registrar Magadh University, Bodh Gaya.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the University :

Mr. Harsh Singh, Advocate For the Respondent/s :

Mr. Jai Prabhat Kishore, AC to SC 13 ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 26-06-2023 Heard Virendra Prasad, learned counsel appearing on behalf of the petitioner; Mr. Harsh Singh, learned counsel for the University and Mr. Jai Prabhat Kishore, learned AC to SC 13 for the University.

2.Learned counsel appearing on behalf of the petitioner informs this Court that the petitioner has already filed detailed representations before the Registrar of the Magadh University, which have been brought on record by way of Annexures 5 and 6. The learned counsel further submits that the said representations of the petitioner have not been disposed of till date.

Patna High Court CWJC No.15041 of 2021 dt.26-06-2023 2/3

3. Learned counsel appearing on behalf of the University informs this Court that the immediate steps will be taken by the Registrar of the University by passing a reasoned order and he will disburse all the dues admissible in accordance with law, as claimed by the petitioner, within a period of three weeks from the date of passing of this order. It is also informed that funds have already been received in the account of the University and certain dues have also been paid to the petitioner.

4. The Vice-Chancellor, Registrar and Finance Officer of Magadh University, Bodh Gaya must ensure to comply with the direction of this Court contained in CWJC No. 6852 of 2021 (Lilawati Mishra vs. The State of Bihar & Ors.) by facilitating speedy redressal of the genuine grievance and prevent unnecessary litigation.

5. The Vice Chancellor and the Registrar of the University are required to personally approach the Additional Chief Secretary, Higher Education Department, Government of Bihar, who will at least ensure disbursal of fund, which is required by the University for the payment to be made to the petitioner.

6. Entire admissible dues on account of retiral benefit must be paid to the petitioner after examining his claim within a period of three weeks.

Patna High Court CWJC No.15041 of 2021 dt.26-06-2023 3/3

7. In case, the order is not complied with, the petitioner may file an application for initiating a proceeding of contempt for willful disobedience of this order.

8. With the above observation/direction, the present writ petition is allowed.

(Purnendu Singh, J) chn/- AFR/NAFR NAFR CAV DATE Uploading Date 26.06.2023 Transmission Date 26.06.2023