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Patna High CourtCWJC/15463/2022disposed

Shyam Lal Yadav v. The State Of Bihar

2022-11-11The Chief Justice -,Mr. Justice Partha Sarthy9 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15463 of 2022 ====================================================== Shyam Lal Yadav S/o Late Lakhan Yadav Resident of Village- Noorchak, P.S.- Bisfi, Distt.- Madhubani.

... ... Petitioner/s

Versus

1.

The State of Bihar Through the Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna.

2.

Additional Director General, (Investigation Cell) State Vigilance Bureau, Bihar, Patna.

3.

The Vice- Chancellor, L.N. Mithila University, Kameshwar Nagar, Darbhanga.

4.

The Registrar, L.N. Mithila University, Kameshwar Nagar, Darbhanga. 5.

Gaya Prasad Yadav, S/o- Late Bhogi Lal Yadav Resident of presently Road No.- 1 Extension Raj Banshi Nagar, P.S.- Shastri Nagar, Town and Distt.- Patna (Permanently resident of Village- Pauni, P.S.- Madhepur, Distt.- Madhubani, Secretary of Govn. Body of Dev Narayan College of L.N. Mithila University, Darbhanga.

6.

Chandra Shekhar Prasad, Principal Incharge of Dev Narayan Yadav College at Madhubani.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Namrata Mishra, Advocate Mr. Md. Kamran, Advocate Mr. Chhote Lal Mishra, Advocate For the Respondent/s :

Mrs. Shilpa Singh, GA-12 Mr. Md. Nadim Seraj, Advocate Mr. Arvind Kumar, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) ====================================================== (The proceedings of the Court are being conducted by Hon'ble the Chief Justice/ Hon'ble Judges through Video Conferencing from their residential offices/residences. Also, the Advocates and the Staffs joined the proceedings through Video Conferencing from their residences/offices.) ======================================================= Date : 11-11-2022

2/9 Heard learned counsel for the parties.

Petitioner has prayed for the following relief(s):-

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7/9 We are of the considered view that the issues raised by the petitioner, stands fortified vide report of the Accountant General, as obtained under RTI, annexed as

8/9 Annexure-2, Page- 55).

The Accountant General has found certain amount to have been defalcated by the functionaries of the institutions, affiliated with L.N. Mithila University, Kameshwar Nagar, Darbhanga.

We are of the considered view that the issue needs to be considered rather seriously by Respondent No. 3, namely, The Vice- Chancellor, L.N. Mithila University, Kameshwar Nagar, Darbhanga for taking appropriate remedial measures against all erring officers/officials. Should the said respondent not take appropriate action within a period of four weeks from today, liberty is reserved to the petitioner to invite attention of such fact to Respondent No. 1, namely, The State of Bihar through the Principal Secretary, Education Department, Govt. of Bihar, New Secretariat, Patna, who, we are sure, shall also have the matter examined and take appropriate action at the earliest.

The present petition stands disposed of in the aforesaid terms.

9/9 Interlocutory Application(s), if any, shall stand disposed of.

(Sanjay Karol, CJ) (Partha Sarthy, J) Amrendra/PKP AFR/NAFR CAV DATE Uploading Date 14/11/2022 Transmission Date