IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.674 of 2009
SUO MOTU CONTEMPT AGAINST VICE-CHANCELLOR
& REGISTRAR OF THE L.N.MITHILA UNIVERSITY
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4. 28.06.2010 Father of the petitioner, a retired
Librarian in Samastipur College, Samastipur, died
on 10.3.2003. Petitioner has filed the connected
writ application (C.W.J.C.No.2874 of 2008) for a
direction to the respondent University to pay him
the arrears of pension of his father due from
February 1994 to 10.3.2003, amount of part
gratuity, part unutilized leave encashment, part
G.I., part P.F. and difference of salary from
January 1981 to January 1994 along with statutory
interest.
This Court, in a batch of cases, including
the connected writ application, passed a detailed
order on 12.9.2008 giving certain directions to
the respondent University for payment of dues of
the petitioners. The order dated 12.9.2008 and
subsequent common orders passed in the batch of
cases have been referred to in the order passed
in M.J.C.No.566 of 2009.
The specific directions which were
issued by this Court in the writ matter were as
follows :
“(a) Before the next date fixed in this
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batch of cases, they shall see to it that
all admitted and lawful dues of the
concerned employee of the University are
calculated, settled and paid to him/her or
his/her beneficiaries.
(b) They shall see to it that all
calculations are made as per the rates of
entitlement, including that of the pay-
scale admissible from time to time, of the
employee concerned, as laid down in the
relevant Act/Statutes/Rules/Regulations/
Notifications etc. as applicable at the
relevant time or as made applicable by
judicial pronouncement or interpretations
made in the matter. Any miscalculation,
resulting into short or excess payment to
the employee concerned or his beneficiary
shall be treated as non-compliance or
wrong compliance of order of this Court
and shall be viewed seriously.
(c) Details of calculation under each
head, with mention of relevant provision
of law or judicial pronouncement, as the
case may be, in the margin of the
calculation, along with cheque/draft of
the amount found payable (except where it
is directly creditable in the account)
shall be served on the employee or his/her
beneficiary at his/her known place of
residence, or shall be sent through
insured registered post, if the entire
family has shifted its residence out side
the State. For this, address of the
employee or his/her beneficiary shall be
verified beforehand, if required. This
exercise must be completed latest by two
weeks prior to the next date fixed in this
batch of cases.
(d) In case, any specific claim raised by
the petitioners in the respective writ
petition is found not payable, a specific
order in this regard shall be passed by
the Vice Chancellor with reference to the
specific provision of law or judicial
pronouncement and shall be made available
to the employee or his/her beneficiary
along with the details of calculation and
the cheque/draft as aforesaid.
(e) Latest by one week prior to the date
fixed in this batch of cases, the Head of
the Institution concerned or the Registrar
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of the University, as the case may be,
shall file a personal affidavit in each
and every case, with copy served on the
learned counsel for the petitioner,
certifying that, to his personal
satisfaction, entire lawful dues of the
employee has been paid to the employee or
his beneficiary and shall also enclose
copies of the details of calculation and
the cheque/draft as served/sent to the
employee or his beneficiary in terms of
(c) above, and shall also enclose copy of
registration receipt, as the case may be .
With the affidavit, a copy of the order of
the Vice-Chancellor, if any, denying any
specific claim of the petitioner, and
served upon the employee or his/her
beneficiary in the manner indicated above,
shall also be enclosed.
(f) In case, any lawful amount of the
concerned employee remains due to be paid
to him or his beneficiary, and no order
denying the claim is served upon the
employee or his/her beneficiary in the
manner indicated above, the Head of the
Institution or the Registrar, as the case
may be, shall disclose in his personal
affidavit the name and details of the
employee or officer due to whose lapses or
due to whose fault the amount remained
unpaid. In case the name and details of
the employee/officer responsible for non-
payment of any lawful amount of the
employee concerned is not disclosed in
such personal affidavit, the Head of the
Institution concerned or the Registrar, as
the case may be, shall be assumed to be
personally responsible for the said lapse
or default.
(g) In case of outstanding arrears of
salary on account of revision of pay-scale
of teachers of the University w.e.f.
1.1.1996, and in case University finds
itself unable to pay the same due to
paucity of fund, it shall calculate the
amount payable separately to each of the
employee concerned of the present batch of
cases and send a requisition to the State
Govt. separately with all details of
revision and fixation of pay-scale, with
reference to relevant Act/
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Statutes/Rules/Regulations/Notifications
etc. as applicable at the relevant time or
as made applicable or interpreted by
judicial pronouncement made in the matter,
with all details of the employee in the
format prescribed by the State Govt. for
the purpose, with original of the
documents required by the State Government
or explanation for non-furnishing of the
same. The requisition must be received by
the concerned authority of the State
Government latest three weeks before the
next date fixed in this batch of cases,
and copies thereof, with copy of receiving
must be enclosed with the personal
affidavit, as aforesaid.
(h) State Government on receipt of such
requisition in respect of individual
employee, shall cause it to be examined,
and upon being satisfied, shall release
the necessary fund to the University
specifically earmarked for payment to the
concerned employee or his/her beneficiary
as the case may be within two weeks from
the date of receipt of the said
requisition and shall inform the Court on
the next date fixed in the batch of cases
about the same. On receipt of the said
fund, University shall make payment of the
amount to the employee concerned or
his/her beneficiary immediately with due
intimation to the State Government and
this Court.
Any miscalculation, resulting into short
or excess release of fund and payment
thereof to the employee concerned or
his/her beneficiary shall be treated as
non-compliance or wrong compliance of
order of this Court by the University
authorities or the authorities of the
State Government, as the case may be, and
shall be viewed seriously.
(i) Before filing of the aforesaid
affidavits in respective cases, all
concerned shall get satisfied, that
specific and unambiguous pleading has been
made in the affidavit showing full
compliance of the directions of the Court
as made above, and all necessary
enclosures, as indicted above, are
enclosed and all the heads of claims of
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the employee concerned are independently
dealt with in separate paragraphs, so that
any requirement of any further affidavit
in the case may be ruled out, and the case
may be in a position to be disposed of
finally on the next date fixed.”
After this contempt proceeding was
initiated, a show cause has been filed on behalf
of Vice-Chancellor and Registrar of the
University on 19.02.2009 in the writ application
itself. Along with the show cause, a calculation
chart of the dues of the father of the petitioner
has been annexed as Annexure-B. It is stated in
the show cause that due to paucity of fund,
admitted dues of the petitioner has not been paid
to him. In this regard, a letter has also been
written to the State Government for release of
fund.
This show cause was filed on 19.2.2009.
More than one year has elapsed. Still, nothing
has been brought on record to show as to whether
admitted dues of the petitioner has been paid to
him or not.
Thus, it is apparent that admitted post-
retiral dues of the father of the petitioner
still remained to be paid to the petitioner for
which no explanation has been furnished in the
show cause. Moreover, it is clear from the
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pleadings that other directions of this Court as
quoted above have also not been complied with by
the contemnors. Therefore, the contemnors are
held guilty of contempt of this Court.
Since the Registrar and the Vice
Chancellor of the University have changed during
the pendency of this contempt proceeding, this
Court refrains from passing any order of their
imprisonment. However, they are punished with the
fine of Rs.2000/- to be deposited in the account
of Patna High Court Legal Services Committee.
Apart from the said fine, contemnors shall also
be liable to pay cost of this contempt
proceeding, which is quantified at Rs.3000/-, to
be paid to the petitioner within one month from
today.
In view of change of Vice Chancellor,
Registrar and other functionaries of the
University during the pendency of this contempt
proceeding, this Court gives liberty to the
present Vice Chancellor to fix up the
proportionate responsibility upon the individual
incumbents holding the posts from the date of
initiation of the proceeding till today and
realize the amount of fine and cost
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proportionately from them in the manner
admissible in law after complying with the
Principles of Natural Justice.
The matter is disposed of with the
aforesaid observations and directions.
B.T. ( J. N. Singh, J.)