IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4271 of 2009 Awadheshwar Pandey S/O Late Surendra Nath Pandey R/O Vill Bediban Madhuban, P.S- Pipra, Distt- East Champaran. …………. Petitioner Versus 1. Prof. Nand Kishore Sharma The Vice Chancellor, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga 2. Dr. Devendra Prasad Singh The Registrar, Kameshwar Singh Darbhanga Sanskrit University, Kameshwar Nagar, Darbhanga 3. Dr. Ashwini Sharma The Principal, Sri Brahmachari Ashram Sanskrit College, Bediban Madhuban, P.S Pipra, Ditt- East Champaran 4. Dr. Naresh Narayan Singh Null Principal, D.S.S. College, Rambagh, Muzaffapur ---------------------------------- For the Petitioner : M/s Dineshwar Mishra and Surnedra Mishra,Adv. For the Opp.Parties: Mr.Vidhan Chandra Pathak,Adv. ---------------------------------- 5. 19/10/2011 Petitioner’s writ application was disposed of by order dated 24.8.2009. By the said order, respondents were directed to dispose of the representation of the petitioner within three months of filing of the same and admitted dues of the petitioner were directed to be released within one month of passing of final order. Admittedly, petitioner filed representation before the Vice Chancellor of the University on 7.9.2009. Hence, final orders on the same had to be passed by the Vice Chancellor by 7.12.2009. However, no final order was passed. 2 The order of this Court having not been complied with, this contempt application was filed on 23.12.2009 with service of two copies of the same in the office of learned Advocate General. Matter was taken up on 11.8.2010 and opposite parties were allowed four weeks time to file their show cause. Pursuant to the said order, the opposite party nos.1 and 2 filed their show cause on 8.9.2011. Along with the show cause, an office order of the Registrar of the University dated 10.9.2010 was annexed in which it was mentioned that the entitlement of the petitioner was being examined. Not being satisfied with the show cause, this Court by order dated 8.9.2011 initiated a proceeding of contempt. After initiation of the contempt proceeding, admittedly final payment has been made to the petitioner. Thus, it is apparent that only under the fear of being punished, opposite parties have finally acted upon and complied the orders of this Court. Since the order has now been complied with fully, this Court does not consider it appropriate to pass any punishment order 3 against the opposite parties. Apology tendered is therefore accepted. However, on account of petitioner being compelled to move this Court in contempt and pursue the application for more than a year and in view of the fact that only after contempt proceeding was initiated, final payment has been made to the petitioner, this Court directs the Principal Secretary, Human Resources Development Department to pay a cost of Rs.10,000/- to the petitioner within four weeks from today. The said amount shall not be debited from the public exchequer and the Principal Secretary, Human Resources Development Department shall be obliged to hold an enquiry and ascertain as to which officer or officers were responsible for delay in compliance of the order. After identifying them, he shall issue notice to them and after considering reply, if any, shall realize the amount of cost from their salary in the proportion to the delay found caused by them. In case, the Principal Secretary does not complete the exercise and realize the amount from the salary of the concerned officers within 4 three months, entire amount of cost shall be borne by him, under the Principles of Vicarious Liability, from his own salary. The contempt application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)