Patna High Court MJC No.1292 of 2009 (9) dt.15-10-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1292 of 2009 ====================================================== Krishna Chandra Singh .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Shashi Bhushan Singh For the Respondent/s : Mr. (Sc3) Mr. Partha Sarthy ====================================================== CORAM: HONOURABLE JUSTICE SMT. MRIDULA MISHRA ORAL ORDER (Per: HONOURABLE JUSTICE SMT. MRIDULA MISHRA) 9 15-10-2011 Supplementary show cause has been filed on behalf of the University admitting the fact that the Pay Fixation Committee is the statutory body which fixes the pay of the employees of the University but the letter issued to the petitioner under the signature of the Registrar with regard to recovery of Rs. 5,86617/- paid as excess to the petitioner, has been issued in the light of the Government letter No. 15/M 1-316/10-431 dated 17.2.2011. Counsel appearing for the University admits that in any case the Auditor cannot go beyond his jurisdiction and direct for reduction of pay scale and recovery of amount paid as salary on account of its fixation by statutory Committee. It has been submitted that no recovery shall be made and the rest of the Patna High Court MJC No.1292 of 2009 (9) dt.15-10-2011 amount, due to the petitioner shall be paid once the University has been provided with additional fund, for payment on priority basis, petitioner shall be paid his dues. Considering the supplementary show cause, contempt application is being disposed off. An assurance has also been given by the Counsel appearing for the University that letter informing recovery made to the petitioner, shall be recalled. In case the petitioner feels that any steps are going to be taken by the University, against the direction of this Court, he will have a liberty for fling fresh contempt application. Arun Kumar/- (Mridula Mishra, J)