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Patna High CourtCWJC/15385/2017disposed

Subhash Prasad Sinha v. The Magadh University And ORS

2019-09-18Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15385 of 2017 ====================================================== Subhash Prasad Sinha S/o Sri Ram Nandan Sinha, Resident of Road No. Zero, Muhalla-Sheopuri Patel Nagar, P.O. P.S.-Shastri Nagar, Patna-23 ... ... Petitioner/s

Versus

1.

The Magadh University, Bodhgaya through the Registrar of the University 2.

The Vice-Chancellor, Magadh University, Bodhgaya 3.

The Registrar, Magadh University, Bodhgaya, 4.

The State of Bihar Through the Principal Secretary, HRD Department, Govt. of Bihar, Patna.

5.

The Principal, J.D. Women's College, Patna.

6.

VKS University Arrah through the Registrar of University. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raghav Prasad No.-1 For the Respondent/s :

Mr.Prabhakar Jha -Gp27 : Mr. Umesh Narayan Dubey For University : Mr. Kumar Amitesh Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2019 Admittedly, the outstanding amount of retiral dues has already stood paid to the petitioner, however the petitioner is aggrieved by illegal deduction of a sum of Rs. 8 lacs from the gratuity amount.

This Court is of the opinion that serious dispute of facts are involved in this case, inasmuch as while the petitioner contends that he has already repaid the said amount, the University, on the other hand, disputes the said fact. Accordingly, I deem it fit and appropriate to direct the petitioner to file claim/ representation before the respondent

Patna High Court CWJC No.15385 of 2017(26) dt.18-09-2019 2/2 no. 3 i.e. the Registrar, Magadh University, Bodh Gaya within a period of four weeks from today which shall be adjudicated upon by the respondent no. 3 within a period of eight weeks thereafter by passing a reasoned order in accordance with law, after giving full opportunity of hearing to the petitioner herein. (Mohit Kumar Shah, J) rinkee/- U