Arun Kumar Singh v. The State Of Bihar Through Mr. R. K. Mahajan, Principal Secretary, Education Department, Government

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Jurisdiction Case No.3429 of 2017 In Civil Writ Jurisdiction Case No.8806 of 2016 ====================================================== Arun Kumar Singh son of Late Chandrika Prasad Singh, resident of S.D.O. Road Hajipur, Police Station- Hajipur, District- Vaishali. ... ... Petitioner

Versus

1.

The State Of Bihar Through Mr. R. K. Mahajan, Principal Secretary, Education Department, Government of Bihar, Patna 2.

Mr. Ajay Kumar Srivastava, Registrar, B.R. Ambedkar, Bihar University, Muzaffarpur.

3.

Mr. Prof. Dr. Amrenra Narayan Yadav, Vice- Chancellor, B.R.A. Bihar University, Muzaffarpur.

4.

Mr. Ajay Kumar Shrivastava, Registrar, B.R.A. Bihar University, Muzaffarpur.

5.

Mr. Rakesh Kumar Sinha, The Deputy Registrar, B.R.A. Bihar University, Muzaffarpur.

6.

Shri P.K. Roy, The Finance Officer, B.R.A. Bihar University, Muzaffarpur. 7.

Mr. Om Prakash Rai, the Principal, R.N. College, Hajipur, District- Vaishali. ... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Chandra Gandhi For the Opposite Party/s :

Mr. Ashutosh Ranjan Pandey AAG 15 ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 24-07-2019 This application under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 has been filed by the petitioner for initiation of a contempt proceeding against the opposite parties for non-compliance of the order dated 19.08.2017 passed by this Court in CWJC No. 8806 of 2016.

The operative part of the order dated 19.08.2017 passed in CWJC No. 8806 of 2016 reads as under :-

Patna High Court MJC No.3429 of 2017(3) dt.24-07-2019 2/3 "Having regard to the nature of the claim, the writ petition is disposed of with a direction to the petitioner to file a representation before the Registrar, B. R. Ambedkar Bihar University, Muzaffarpur within four weeks from today raising all his claims. In case of filing of such representation, the Registrar of B. R. Ambedkar Bihar University, Muzaffarpur shall examine the same and pass a reasoned order on the claim of the petitioner within two months. In case the claim of the petitioner is found admissible,the payment of dues shall be made within the aforesaid stipulated period of two months. In case any claim of the petitioner is rejected, a communication in this regard must be made to the petitioner on his postal address without delay."

It is conceded by the learned counsel for the petitioner that after disposal of the writ petition, the representation filed by the petitioner has been disposed of by the Registrar, B. R. Ambedkar Bihar University and all dues of the petitioner have been paid. However, the interest for the delayed payment has not been paid to him.

In my considered opinion, no case for initiation of contempt proceeding against the opposite parties is made out. In

Patna High Court MJC No.3429 of 2017(3) dt.24-07-2019 3/3 the writ petition, there was no direction for payment of interest over the dues of the petitioner. The only direction given in the writ petition was to examine the claim of the petitioner and, if found admissible, make payment within two months and in case the claim of the petitioner is rejected, a communication in this regard must be made to the petitioner.

Since the order passed by this Court has duly been complied with, the application is dismissed.

(Ashwani Kumar Singh, J) Pradeep/- U