IN THE HIGH COURT OF JUDICATURE AT PATNA
CWJC No.10578 of 2006
BINOD KUMAR SINGH son of lalte Sarju Pd. Singh,
resident of mohalla Park Road, Phulwari, P.S. Kadam
Kuan, District Patna ... Petitioner
Versus
1. V.C.,MAGADH UNIVERSITY, Magadh University,
Bodh Gaya, District Gaya,
2. Registrar, Magadh University, Bodh Gaya, District
Gaya,
3. Principal, Arvind Mahila College, Kazipur, P.S.
Kadam Kuan, District Patna,
4. Finance Offer, Magadh University, Bodh Gaya,
District Gaya,
5. Section Officer, Salary Department, Magadh
University, Bodh Gaya, District Gaya,
.. ... Respondents
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2 11.03.2011 Heard Mr. Pramod Kumar Singh, learned counsel
for the petitioner and learned counsel for the respondent-
University.
Petitioner seeks direction upon the respondents to
pay full salary with effect from 17.05.1998 to 16.07.2004,
the period during which he was under suspension, as by the
order as contained in Annexure 6, the suspension has been
revoked and no disciplinary proceeding was ever initiated
against the petitioner.
No counter affidavit has been filed on behalf of
the respondent-University.
In above view of the matter, this writ application
2
is disposed of with a direction to the petitioner to file a fresh
representation before the Vice Chancellor, Magadh
University, (respondent no. 1) raising such grievance. If
such a representation is filed by the petitioner within four
weeks from today, the same should be considered on its
own merit and in accordance with law and a decision should
be taken within three months thereafter. Respondent no. 1
shall also consider Annexure 5, which has been written to
the Registrar of the respondent-University by the Principal
of the concerned College on 08.07.1998 itself for deciding
the claim of the petitioner.
It is made clear that if the petitioner is found
entitled for any amount as per the aforesaid decision having
been taken by the respondent no. 1, the same shall be paid
as quickly as possible by the concerned authority preferably
within one month thereafter. If such amount is not paid
within one month, thereafter the petitioner shall be entitled
for interest on the amount at the rate of 8 per cent per annum
till its payment.
Accordingly, this writ application stands disposed
of.
SC (Dr. Ravi Ranjan, J.)