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Patna High CourtMJC/1209/2015disposed

Saugato Roy v. The State Of Bihar And ORS

2019-02-06Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No. 1209 of 2015 Arising out of Civil Writ Jurisdiction Case No. 15445 of 2008 ====================================================== Saugato Roy, aged about 37 years, Son of Late Kishore Kumar Roy, resident of Mohalla C/o Subir Kumar Roy, Hill view compound near V.C. resident, Police Station- Rampur District -Gaya.

... ... Petitioner/s

Versus

1. The State of Bihar through the Secretary Education Higher Department, Government of Bihar, Patna.

2. Mr. Imteyaz the Vice Chancellor Magadh University, Bodh Gaya.

3. Mr. D.K. Yadav, the Registrar of Magadh University Bodh Gaya.

4. Mr. Devesh Kumar, Finance Officer, the Magadh University Bodh Gaya.

5. Mr. Samsul Islam, Principal, Gaya College Gaya. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Virendra Prasad, Advocate For the State :

Mr. Anwar Karim, A.C. to G.P. 10 For the Magadh University :

Dr. Kumar Amitesh Chandra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 06-02-2019 Heard learned counsel for the petitioner; State and Dr. Kumar Amitesh Chandra, learned counsel for the Magadh University (hereinafter referred to as the 'University').

2. A show cause has been filed on behalf of the University in which copy of the cheque of Rs.39,531/-, has been annexed. Learned counsel for the University submitted that the same was the due payable to the father of the petitioner, which has been paid.

3. Learned counsel for the petitioner submitted that without there being any calculation or detail of payment, he is not

Patna High Court MJC No.1209 of 2015 dt.06-02-2019 2/2 in a position to know whether the entire dues admissible to his father, in accordance with law, have been paid or not.

4. The Court finds substance in the contention of learned counsel for the petitioner. Any payment made by any statutory authority has to be accompanied by a detailed break-up/chart showing how such amount has been calculated, for the reason that the party receiving the amount has a right to know whether such amount is correct and whether all heads have been accounted for.

5. In view thereof, the application stands disposed off with a direction to the Registrar of the University to ensure that detailed calculation chart with regard to the payment made to the petitioner be furnished to him within two weeks from the date of production of a copy of this order before him.

6. It goes without saying that if the petitioner finds that there has been either error in the calculation or certain payments have not been made, it shall be open to him to approach the appropriate forum, in accordance with law, for payment of such dues.

(Ahsanuddin Amanullah, J.) Anand Kr.

AFR/NAFR U T