Dr. Uma Sinha v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3017 of 1997 =========================================================== Dr. Uma Sinha, wife of late Dr. Krishan Kishore Sinha, resident of N-28, Chitragupta Nagar, P.O.. -Chitragupta Nagar, P.S.-Patrakar Nagar, Kankarbagh, Patna-20.

.... .... Petitioner/s

Versus

1. The State of Bihar through Sri B. P. Verma, Chief Secretary, Government of Bihar, Old Secretariat, Patna.

2. Dr. Ziyauddin Ahmad, Vice Chancellor, Magadh University, Bodh Gaya.

3. Sri K. C. Mehrotra, Finance Officer, Magadh University, Bodh Gaya.

4. Dr. Suresh Prasad Singh, Principal, College of Commerce, Patna. .... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Sarvendra Kumar Verma, Advocate For the Magadh University : Mr. Dr. Kumar Amitesh Chandra, Advocate =========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL JUDGMENT Date: 05-07-2017 This application for contempt was filed in the year 1997 and the grievance of the petitioner at that point of time was to the effect that the directions issued by this Court on 19.05.1997 in CWJC No.10277 of 1996 have not been complied with. The order passed in the writ petition was that the claim of the petitioner be settled by the respondents within a period of two weeks and it was also made clear that the entire dues are to be paid along with penal interest at the rate of 7% per annum.

Even though, it is an admitted position that the claim of the petitioner has been settled, but penal interest according to the petitioner has not been granted. That being so, the petitioner wants that the respondents be commanded to pay penal interest and as they have failed

Patna High Court MJC No.3017 of 1997 dt.05-07-2017 2/2 to do so, the officer concerned be punished. During pendency of the matter, the original petitioner has expired and the legal heir has been brought on record and it is indicated that during this period, the officers responsible for settlement of the claim have also changed. That being so, for the present, now after such a long period of time, it is not appropriate to initiate action for contempt, in stead it is directed that on the petitioner filing a certified copy of this order along with original order passed in the writ petition on 19.05.

1997 and a claim for interest as directed, the Registrar and the Finance officer of the Magadh University, Bodh Gaya, shall consider the order passed in the original writ petition and in case, the penal interest is found due to be paid to the petitioner, the same be paid to the petitioner within a period of two months and it shall be incumbent upon the officers concerned to record reasons for the same and indicate to the petitioner. With the aforesaid, the application stands disposed of. (Rajendra Menon, CJ) Sunil/- AFR/NAFR NAFR CAV DATE NA Uploading Date 11.07.