IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.59 of 2009 SUO MOTU CONTEMPT AGAINST THE V.C. & REG.OF V.K.S.U ----------- 8. 10/07/2009 By a common order dated 31.7.2008 passed in the connected writ matter, namely, C.W.J.C. No.13494 of 2004 and other analogous cases, this Court issued certain directions to the University authorities. Directions were not complied with within the time frame. A few indulgences were granted to the University authorities to comply the directions within the extended time which also they did not do. Therefore, by order dated 11.12.2008 contempt proceedings were initiated against the Vice Chancellor and the Registrar of the Veer Kunwar Singh University for non- compliance of the common order dated 31.7.2008 and they were directed to file show cause. Accordingly office of this Court registered separate contempt proceedings and listed the same side by side the writ applications before this Court in a batch. Hearing proceeded in the matter on different dates and the contemners filed their show cause in the connected writ matter, namely, C.W.J.c.No.13494 of 2004 which they prayed to be treated as common show cause in all the analogous matters. Finally, the matter was heard in detail - 2 - on 8.4.2009 and by a reasoned order passed in the first contempt matter of the batch, namely, MJC No.57 of 2009 which arose from C.W.J.c.No.8284 of 2008, the Vice Chancellor and the Registrar of the University were held guilty of contempt. 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 MJC No.57 of 2009 orders of punishment have been passed against the said Vice Chancellor and the Registrar of the University. Petitioner of this case superannuated with effect from 30.9.2000 in the grade of University Professor and while holding the post of Acting Principal of S.P.Jain College, Sasaram. Since his retiral benefits were not paid by the University authorities for a number of years, he filed the writ application. After the common order was passed by this Court on 31.7.2008, the University officials filed counter affidavit in the main writ. In the counter affidavit, they enclosed certain documents to show that they were corresponding with the State Officials for release of fund in one lump sum for meeting the dues of large number of employees of the - 3 - University. However, from the counter affidavit it does not appear that they took any steps in respect of post retiral dues of the petitioner in terms of and on the lines as directed by this Court in its order dated 31.7.2008. After initiation of contempt, show cause has also been filed in the present contempt application. In the show cause some details have been given by them with regard to some steps taken by them. However, this show cause also does not in any way disclose any steps taken by the contemnors on the lines as directed by this court by order dated 31.7.2008. in a detailed order dated 8.4.2009 passed in MJC No.57 of 2009 this Court has already noticed the pleadings of the contemnors in their various counter affidavits and show cause and has already held that said pleadings do not show that there was any attempt on the part of the contemnors to comply the orders of this Court passed on 31.7.2008 in true letter and spirit. In this case also this Court finds that there is no compliance of the orders of this Court dated 31.7.2008 by the contemnors and therefore this Court finds them guilty of contempt. Accordingly, they are punished with one - 4 - 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 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. Pradeep/ (J. N. Singh, J.)