Smt. Saroj Singh v. T.M.Bhagalpur University And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3439 of 2012 ====================================================== Smt. Saroj Singh W/O Prof. Maheshwar Singh, resident of G. Mukherjee Road, Naya Tola, Bikhanpur, Police Station- Kotwali, District- Bhagalpur. .... .... Petitioner

Versus

1. T.M.Bhagalpur University, Bhagalpur, through Dr. Bijay Kumar Singh, Registrar, T.M. Bhagalpur University, Bhagalpur.

2. Dr. Bimal Kumar, Vice Chancellor, T.M. Bhagalpur, University, Bhagalpur.

3. Dr. Vijay Kumar Singh, Registrar, T.M. Bhagalpur University, Bhagalpur.

4. Ashutosh Kumar, Finance Officer, T.M. Bhagalpur, University, Bhagalpur.

5. State of Bihar through Dr. Anjani Kumar Singh, Principal Secretary, Department of Education, State of Bihar, Patna. .... .... Opp.Parties.

====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Chandra Jha For the Respondent/s : Mr. AC to GA-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER ........................

18-02-2015 Heard learned counsel for the petitioner, Sri Rajendra Kumar Giri, learned counsel for Tilka Manjhi Bhagalpur University and learned AC to GA-1.

The present petition has been filed with a prayer to initiate contempt proceeding against Opp.Parties on an allegation of wilful disobedience to an order dated 13.09.2011 passed in C.W.J.C.No.15612 of 2011. By the said order, the writ petition was disposed of granting liberty to the petitioner to file a representation before Respondent no.2/ Vice-Chancellor, Tilka

Patna High Court MJC No.3439 of 2012 (5) dt.18-02-2015 2/2 Manjhi Bhagalpur University. Thereafter, a direction was given to examine the same and pass appropriate order in accordance with law. It was made clear that if Respondent no.2 considers the claim of the petitioner as genuine, he was required to pass order for payment within time fixed. Even in case of refusal, the Respondent no.2 was directed to pass a reasoned order and communicate the same to the petitioner.

In this case, a show cause has been filed on behalf of Opp.Party nos.1 to 4 and along with show cause, an order passed by the Vice-Chancellor, Tilka Manjhi Bhagalpur University has been brought on record as Annexure-A to the show cause, whereby claim of the petitioner has been rejected. In view of the fact that the order of the writ court has already been complied with, of course belatedly, there is no need to proceed further. In contempt jurisdiction, this Court may not examine the correctness of the order passed by the ViceChancellor i.e. Annexure-A to the show cause. If the petitioner feels aggrieved with the order of the Vice-Chancellor, she would be at liberty to avail appropriate remedy.

With above observation and liberty, the petition stands disposed of.

NKS/- (Rakesh Kumar, J) U