IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2123 of 2011
Banshi Dhar Pandey, S/o Late Jagdish Pandey, Resident of
Lalbag, Professor's Colony, Qr. No.-7, Sarai, Bhagalpur,
District- Bhagalpur, At present posted as Professor (Chemistry)
P.G. Department, T.M.Bhagalpur University
Versus
1. The State of Bihar through J.P.Singh, presently posted as
Director, Higher Education, Govt. of Bihar, Patna
2. Dr. K.N.Dubey, presently posted as Vice-Chancellor,
T.M.Bhagalpur University, Bhagalpur
3. Dr. Rajiv Ranjan Sinha, presently posted as Registrar,
T.M.Bhagalpur University, Bhagalpur
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3. 17.8.2011 Learned counsel for the Tilka Manjhi University
states that the grievance of the petitioner has been fully
redressed. The petitioner consequent upon judgment of this
Court has to superannuate on attaining the age of 65 years.
Learned counsel for the University states that he has not only
been reinstated but his status restored and full payment of
salary made.
Learned counsel for the petitioner states that till this
morning his client has not received any payment.
Learned counsel for the University states that he
has instruction from the Finance Officer that Cheque No.
637257 dated 14.8.2011 has been issued for Rs. 2,10,452/- as
the net payment which would take care of the arrears as well.
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Having heard learned counsel for the parties, in my
view, it seems that though the cheque has been issued but the
same is not yet handed over to the petitioner. Thus,
technically both sides are correct but in practical the order of
this Court remains to be complied. However, as instructions
have been received by the learned counsel for the University
from the Finance Officer which I have no reason to
disbelieve, I dispose of this contempt application with a
direction that if payment has not been credited to the account
of the petitioner the same shall be ensured to be credited, the
responsibility of which shall be personally on the Finance
Officer of the University, by 19th of August, 2011. In case the
same is not so credited, this Court will hold the Finance
Officer of the University liable for contempt for taking a false
stand before this Court.
This application, with the aforesaid direction, is
disposed of.
S.Pandey (Navaniti Prasad Singh)