IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.3233 of 2010
BAIDYANATH JHA
Versus
STATE OF BIHAR & ORS.
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2 07-09-2010 Heard learned counsel for the petitioner and learned
counsel appearing for Kameshwar Singh Darbhanga Sanskrit
University.
It is the case of the petitioner that due to incorrect
facts being pleaded by the University in C.W.J.C. No. 793/88,
the services of several employees of the University including
that of the petitioner were terminated and although the
appellate court in appeal preferred by the petitioner and others
held that incorrect facts have been pleaded by the University
and directed for rehearing of the writ petition, since the writ
petitioner had obtained relief from the University, writ
petition was permitted to be withdrawn by order dated
September 12, 2008 without placing the correct facts which
would have warranted relief to the petitioner also.
The order of the writ court dated 12th
September,2008 contained in annexure-2 shows that all aspect
of the matter were considered including the effect of earlier
observations made in the writ proceeding on 17-4-1998 and it
2
was observed that since the writ petition itself was sought to
be withdrawn, the interim observation would be of no value
to any one. Besides such observation the writ court further
observed that any party being aggrieved will have the right to
approach the proper forum for redressal of their grievances.
We are of the considered view that if the petitioner
has any grievance against the University, he must seek his
remedy through any other proceeding and not through the
contempt application. Hence, this application is dismissed
with the liberty aforesaid .
( Shiva Kirti Singh, J.)
(Hemant Kumar Srivastava,J)
Naresh