Dr. Dinesh Prasad Sinha v. The State Of Bihar Through G.S.Gangwar The Secretary Higher Education And ORS
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No. 3428 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5984 of 2015 Dr. Sidheshwar Prasad Sinha Son of Late Satyadeo Prasad Resident of Garhpar, P.S. Bihar Sharif, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through G. S. Gangwar the Secretary Higher Education, Human Resources Development Department, the Secretariat Building Patna 01.
2.
Magadh University Bodh Gaya through its Registrar Bodh Gaya Dr. Sushil Kumar Singh.
3.
Dr. Md. Samsad Hushain, Vice Chancellor Magadh University, Bodh Gaya District- Gaya.
4.
Dr. Krikeshwar Prasad Sinha Pro- V.C. Magadh University. 5.
Dr. S.H. Sharma, Finance Officer Magadh University Bodh Gaya, District Gaya.
6.
Dr. R.K. Majumdar, Principal Sardar Patel Memorial College, Udantpuri Bihar Sharif, District Nalanda.
... ... Opposite Party/s with Miscellaneous Jurisdiction Case No. 3430 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5959 of 2015 Dr. Dinesh Prasad Sinha Son of Late Satyadeo Prasad Resident of Neelam Palace, P.C.S. Road New Jaganpura Patna, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar through G. S. Gangwar the Secretary Higher Education, Human Resources Development Department, the Secretariat Building, Patna 01.
2.
Magadh University, Bodh Gaya through its Registrar Bodh Gaya Dr. Sushil Kumar Singh.
3.
Dr. Md. Samsad Hushain, Vice Chancellor Magadh University, Bodh Gaya District- Gaya.
4.
Dr. Krikeshwar Prasad Sinha Pro- V.C. Magadh University. 5.
Dr. S.H. Sharma, Finance Officer Magadh University Bodh Gaya, District Gaya.
6.
Dr. R.K. Majumdar, Principal Sardar Patel Memorial College, Udantpuri Bihar Sharif, District Nalanda.
... ... Opposite Party/s
2/4 with Miscellaneous Jurisdiction Case No. 3431 of 2015 Arising out of Civil Writ Jurisdiction Case No. 6059 of 2015 Dr. Janardan Prasad Singh Son of Late Bhikhari Prasad Singh Resident of Garhpar, P.S. Bihar Sharif, District- Nalanda. ... ... Petitioner/s
Versus
1.
The State of Bihar through G. S. Gangwar the Secretary Higher Education, Human Resources Development Department, the Secretariat Building Patna 01.
2.
Magadh University, Bodh Gaya through its Registrar Bodh Gaya Dr. Sushil Kumar Singh.
3.
Dr. Md. Samsad Hushain, Vice Chancellor Magadh University, Bodh Gaya District- Gaya.
4.
Dr. Krikeshwar Prasad Sinha Pro- V.C. Magadh University. 5.
Dr. S.H. Sharma, Finance Officer Magadh University Bodh Gaya, District Gaya.
6.
Dr. R.K. Majumdar, Principal Sardar Patel Memorial College, Udantpuri Bihar Sharif, District Nalanda.
... ... Opposite Party/s with Miscellaneous Jurisdiction Case No. 3429 of 2015 Arising out of Civil Writ Jurisdiction Case No. 5940 of 2015 Sri Awadh Narayan Singh Son of Late Raghu Mahto Resident of Dhaneshwar Ghat, P.S. Bihar Sharif, District- Nalanda.
... ... Petitioner/s
Versus
1.
The State of Bihar through G.S. Gangwar the Secretary Higher Education, Human Resources Development Department, the Secretariat Building, Patna 01.
2.
Magadh University, Bodh Gaya through its Registrar Bodh Gaya Dr. Sushil Kumar Singh.
3.
Dr. Md. Samsad Hushain, Vice Chancellor Magadh University, Bodh Gaya, District- Gaya.
4.
Dr. Krikeshwar Prasad Sinha, Pro- V.C. Magadh University. 5.
Dr. S.H. Sharma, Finance Officer, Magadh University, Bodh Gaya, DistrictGaya. 6.
Dr. R.K. Majumdar, Principal, Sardar Patel Memorial College, Udantpuri Bihar Sharif, District Nalanda.
... ... Opposite Party/s
3/4 Appearance :
(In Miscellaneous Jurisdiction Case No. 3428 of 2015) For the Petitioner/s :
Mr. Kunwar Ajit Singh, Advocate For the State :
Mr. Md. Fazle Karim, AC to SC 1 For the Respondents No. 2 to 6 :
Mr. Shivendra Kishore, Sr. Advocate Mr. Priyank Deepak, Advocate (In Miscellaneous Jurisdiction Case No. 3430 of 2015) For the Petitioner/s :
Mr.
For the State :
Mr. Nagendra Prasad Yadav, SC 23 For the University :
Mr. Shivendra Kishore, Sr. Advocate (In Miscellaneous Jurisdiction Case No. 3431 of 2015) For the Petitioner/s :
Mr.
For the State :
Mr. Kinkar Kumar, SC 19 For the University :
Mr. Shivendra Kishore, Advocate (In Miscellaneous Jurisdiction Case No. 3429 of 2015) For the Petitioner/s :
Mr.
For the Opposite Party/s :
Mr.
CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 03-07-2019 Heard learned counsel for the parties.
2. All these contempt petitions are taken up together as they relate to the same issue.
3. The allegation was that despite the order of the Court for payment of interest on Provident Fund, the same was not paid.
4. Earlier it appears that as per the chart prepared by the authorities, some amounts were mentioned calculating the interest at the rate of 5% and also at 12%. However, from the pleadings, it transpires that such calculation has been found erroneous and fresh calculation by the Chartered Accountant has also been brought on record. The same shows that the amounts initially shown in the chart earlier prepared was not correct and accordingly a revised chart with detailed calculation has been
4/4 brought on record. It has further been stated in the show cause filed on behalf of the Magadh University that entire payment as per the fresh calculation has been paid to the petitioners.
5. There is no rebuttal either with regard to the payment being received by the petitioners or with regard to any error in the detailed calculation chart at the rate of 5% compound interest, which has been brought on record.
6. In the aforesaid background, the Court does not find any violation of the orders of the Court by the opposite parties.
7. Accordingly, the applications stand disposed off.
8. However, it shall be open to the petitioners to file a representation before the Vice Chancellor, Registrar and Finance Officer of the Magadh University giving detailed calculation if they think that the calculation on which payment has been made to them is not correct. If such a representation is filed, the concerned authorities shall be obliged to pass a detailed order and consequences shall follow.
(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T