IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.57 of 2009 SUO MOTU CONTEMPT AGAINST V.C & REG.OF V.K.S.U. Versus ----------- 13. 30/06/2009 In the connected writ matter, namely, C.W.J.C.No.8284 of 2008 and other analogous cases this Court had passed specific categorical order on 31.7.2008 for specific procedure to be adopted for finalization of calculation and payment of retiral dues of the petitioner of this case as well as petitioners of other analogous cases. Time frame was fixed for the same and writ matters were adjourned. However, in spite of repeated adjournments, this Court found that the opposite parties had not complied the orders of this Court and had not furnished sufficient explanation for the same. Therefore, by order dated 11.12.2008 this Court initiated proceeding of contempt against the Vice Chancellor and the Registrar of Veer Kunwar Singh University in each case. Accordingly, the office of this court registered separate contempt proceedings and placed the same before this Court side by side the writ applications. Thereafter, contempt applications and the writ matters were adjourned on many dates to enable - 2 - the opposite parties to file their show cause in the contempt matter. Finally, case was heard in detail on 8.4.2009. On that day, this Court perused the pleadings of the parties as available on the record of the connected writ matter and this contempt matter, and after noticing the same, held that there was complete and willful disobedience of the orders and directions of this Court as issued by order dated 31.7.2008 and held the Vice Chancellor and the then Registrar of the University guilty of contempt of Court. Thereafter, matter was adjourned for hearing on the question of punishment. The contempt matter and connected writ matter were adjourned on a couple of dates on the request made by learned counsel for the opposite parties. Finally, by order dated 21.5.2009 matters were adjourned for 24th June, 2009 for final orders. Thus, today matter has been placed before this Court for final orders. No further show cause has been filed in the contempt matter after 8.4.2009. However, learned senior counsel for the opposite parties submits that an unqualified apology has been - 3 - tendered in the show cause and he submits that leniency should be shown to the opposite parties by noticing that they have made attempts to comply with the orders of this Court in right earnest and to the best of their ability and there was no motive or intention to disobey the orders of this Court. In the writ matter a further counter affidavit has been filed in which certain explanations have been furnished for non-payment or delayed payment of dues of the petitioner to which petitioner has filed reply controverting the assertions made therein. However, there is nothing on record to show that even after passing of the order dated 8.4.2009 the opposite parties have tried to appreciate the specific directions of this Court dated 31.7.2008 and have tried to amend the method for calculating and ascertaining final dues of the petitioner and make efforts to pay the said dues as per directions of this Court. It is apparent from the records that the contemnors at no point of time tried to appreciate that the directions contained in the order dated 31.7.2008 were issued to introduce transparency, accountability - 4 - and finality in the matters of ascertainment, calculation and payment of post retiral dues to the retired employees of the University so as to minimize litigation in this Court only on account of disputes of calculation and delay in ascertainment of entitlement and lingering of the matters for years without any final decision. Therefore, prayer of learned senior counsel for the opposite parties for accepting unqualified apology and showing leniency in the matter is rejected and in view of order of this Court dated 8.4.2009 finding the opposite parties guilty of contempt, they are punished with one day simple imprisonment and a fine of Rs.2000/- each. The opposite parties shall also bear the entire cost of litigation accrued in the matter after the order dated 11.12.2008 was passed initiating the contempt proceeding, including professional fee of the learned counsels, the cost incurred in filing affidavits/show causes and of traveling to Patna from the headquarter of the University for the purpose of contacting their counsels and taking steps in connection with this batch of cases, - 5 - from their own salary in equal proportion. The opposite parties are directed to appear before the Registrar General of this Court by 20th July, 2009 for their commitment to prison in terms of Rule 17 of Chapter 27A of Patna High Court Rules. The contempt application is accordingly disposed of. Let a copy of this order be handed over to learned counsel for the University. Pradeep/ (J. N. Singh, J.)