IN THE HIGH COURT OF JHARKHAND AT RANCHI
Contempt Case (Civil) No. 934 of 2005
Dr. Sureshwar prasad and others ...... Petitioners
-Versus-
The State of Jharkhand and others.... Opposite parties
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CORAM: HON'BLE THE CHIEF JUSTICE
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For the Petitioners : Mr. S. S. Choudhary
For the Opp. Parties : S. C. (Mines)
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10/ 03.12.2008
This is a petition for contempt alleging non- compliance
of the order dated 13.7.2005 passed in W.P.(S) No. 5277 of 2004, by
which the learned Single Judge had been pleased to direct the petitioner
to file a representation before the Vice Chancellor of the University
wherein his claim for retiral dues had to be determined and was to be
paid.
In view of the representation filed by the petitioner, the
claim of retiral dues was examined by the Vice- Chancellor through the
authority and the petitioner has been paid some of the retiral dues. But,
according to the petitioner, the entire retiral dues amounting to Rs.21
lakhs has not been paid to him.
The counsel for the petitioner is missing that if any sum or
an amount to the extent of 21 lakhs was payable to the petitioner, the
order to that effect should have been obtained from the concerned
Court which had passed the order that his retiral dues be paid to him.
Merely by filing a contempt petition, he cannot be permitted to urge that
his retiral dues are to the extent of Rs. 21 lakhs. The petitioner should
have obtained an order to that effect from the concerned Court before
filing a petition for contempt in this regard.
The contempt petition, is, therefore, dismissed.
(Gyan Sudha Misra, C.J.)
JK/SI