Dashrath Kunwar v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No. 6851 of 2018 =========================================================== Dashrath Kunwar, S/o Bhola Kunwar, Resident of Village & P.O.- Farda, DistrictMunger, retired as Assistant Professor in the Department of History, G.D. College, Begusarai.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Director, Higher Education, Government of Bihar, Patna.

3. The Vice Chancellor, Lalit Narayan Mithila University, Darbhanga.

4. The Registrar, Lalit Narayan Mithila University, Darbhanga.

5. The Finance Officer, Lalit Narayan Mithila University, Darbhanga.

6. The Principal, G.D. College, Begusarai.

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

For the Petitioner/s :

Mr. Shashi Bhushan Singh, Advocate For the State :

Mr. Rajesh Kumar Sinha, A.C. to G.P. 23 For the University :

Ms. Alka Verma, Advocate =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 28-08-2018 Heard learned counsel for the petitioner; State and L.N. Mithila University (hereinafter referred to as the 'University').

2. Pursuant to order dated 13.08.2018, the respondent no. 4 is present along with his show cause. The Court had issued Rule in the matter of contempt for reasons recorded in the order dated 13.08.2018.

3. In the show cause filed today, unconditional and unqualified apology is tendered by him. The stand is that the delay was not intentional and is because of the number of times the file is dealt with on a particular issue for which, according to respondent

Patna High Court CWJC No.6851 of 2018 dt.28-08-2018 2/3 no. 4, the process is being streamlined so that unnecessary duplication and delay is not caused. Further, with regard to payment through cheque, either in the name of the petitioner or through the Principal of the college concerned, under various heads, the respondent no. 4 has submitted that he has instructed the concerned Department of the University to start making payment directly into the account of the employee through RTGS.

4. Payment of the dues of the petitioner is not disputed by learned counsel for the petitioner. However, with regard to the remaining amount of D.D.A., the amount has been sent to the Principal of the concerned college (respondent no. 6), who has been directed to pay the amount to the petitioner.

5. In view of the aforesaid, the writ petition stands disposed off.

6. Learned counsel for the petitioner submitted that there is some error in calculation/sanction of Earned Leave.

7. Be that as it may, the petitioner shall be at liberty to file a detailed representation with all details to show how the calculation made by the University is incorrect. If such a representation is filed within four weeks from today, before the Registrar of the University, he shall look into the same and pass a reasoned order within four weeks from the date of filing of such

Patna High Court CWJC No.6851 of 2018 dt.28-08-2018 3/3 representation and if anything further is required to be paid, in terms of the order passed on the representation of the petitioner, the same shall be done within three weeks from the date of passing of the order.

8. The show cause on behalf of respondent no. 4 is accepted. Rule against him is discharged. His personal appearance also stands dispensed with.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U