IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.82 of 2009 SUO MOTU CONTEMPT AGAINST THE VICE-CHANCELLOR & REGISTRAR OF THE VEER KUNWAR SINGH UNIVERSITY 8. 10.07.2009 After a common order dated 31.7.2008 was passed in C.W.J.C. No.13494 of 2004 and other analogous cases with certain directions to the authorities of the Veer Kunwar Singh University, (hereinafter referred to as “the University”), another batch of cases including, the connected writ application, namely C.W.J.C.No.12673 of 2008, of the same University for payment of retiral and other dues of the concerned employee of the University led by C.W.J.C. No.6902 of 2006 were listed on 17.9.2008. Since these cases also related to payment of retiral and other dues of the concerned employees of the University, this Court directed that the said order dated 31.7.2008 passed in C.W.J.C.No.13494 of 2004 and other analogous cases shall be deemed to have been passed in this batch of cases also and directions issued therein shall be deemed to have been issued in these cases also. Thereafter, the batch of cases were adjourned for being listed along with the earlier batch of cases. - 2 - As within time frame directions of this Court were not complied with by the University authorities in this batch of cases also, by separate order passed on 11.12.2008 contempt proceedings were initiated in each case against the Vice-Chancellor and Registrar of the Veer Kunwar Singh University and they were directed to file show cause. Accordingly, office of this Court registered separate contempt proceedings and listed the same side by side with the writ applications before this Court in a batch. Hearing proceeded in the matter on different dates and the contemnors filed their show cause and their affidavits in the writ matter. They also filed their main show cause in C.W.J.c.No.13494 of 2004 which they prayed to be treated as common show cause in all the analogous matters. After a few adjournments, the batch of cases were heard on 8.4.2009 and by a reasoned order passed in first contempt matter of the batch case, namely, M.J.C No.57 of 2009 which arose out of C.W.J.c.No.8284 of 2008, the Vice Chancellor and the Registrar of the University were held guilty of contempt. - 3 - Thereafter matters were adjourned for hearing on the question of punishment. After few adjournments, matters were finally heard and by order dated 30.6.2009 passed in the said M.J.C No.57 of 2009, orders of punishment have been passed against the said Vice Chancellor and the Registrar of the University. The petitioner of this case superannuated with effect from 31.5.2003 as Professor. The details of his dues pending with the University have been given in paragraph 8 of the writ application. Counter affidavit and show cause have been filed by the University authorities. The enclosures with the counter affidavit and show cause do not show that any detailed calculation was made and served upon the petitioner and any requisition was sent to the State Government in terms and in the manner, as directed by the order dated 31.7.2008. The enclosures to the counter affidavit of the Registrar just mention “paid” in respect of his dues under different heads without disclosing the detailed calculation or the fact that the said amount was received by the petitioner to his full - 4 - satisfaction. After initiation of the contempt proceeding, no show cause has been filed in the contempt proceeding except a few affidavits and show cause filed in the connected writ matter as noticed earlier. Therefore, this Court finds that the affidavits and the show cause filed in the connected writ matter do not show that there is any attempt on the part of the contemnors to comply with the directions of this Court as contained in its order dated 31.7.2008 which was made applicable in the present writ matters also by order dated 17.9.2008. Hence, this Court finds the contemnors guilty of contempt and they are punished with one day simple imprisonment and a fine of Rs.2000/- each. The contemnors 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 - 5 - for the purpose of contacting their counsels and taking steps in connection with this batch of cases from their own salary in equal proportion. The contemnors - 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. B.T (J.N. Singh, J.)