IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1360 of 2011 In Miscellaneous Jurisdiction Case No. 4993 of 2010 In Civil Writ Jurisdiction Case No. 1409 of 2010 With Interlocutory Application No. 6632 of 2011 In Letters Patent Appeal No. 1360 of 2011 ====================================================== 1. The Vice Chancellor, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga. 2. The Registrar, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga. 3. The Finance Officer, Lalit Narayan Mithila University, Kameshwar Nagar Darbhanga. ……..Opposite Party.... .... Appellant/s Versus 1. Jawahar Prasad Singh son of late Awadh Bihari Sinha R/o Mohalla Ghose Lane Samastipur P.S. Samastipur District Samastipur. 2. Sipra Bagchi W/o B.K. Bose R/o Mohalla Station Road Near Railway Institute Samastipur, P.S. Samastipur, District Samastipur. 3. Dr. Binda Kumar, wife of Late Ramji Sinha, R/o Mohalla North of Tirhut Academy High School. 4. Dr. Binita Sinha W/o Shree Ram Naresh Singh R/o Mohalla Tajpur Road, Samastipur P.S. Samastipur Dist-Samastipur. 5. Dr. Neeta Mehta W/o Dr. Ajay Kumar Sinha R/o Mohalla North West Tirhut Academy School Kasimpur, Samastipur P.S. Samastipur District Samastipur. 6. Kalyani Singh wife of A.K. Choudhary R/o Mohalla RNAR College Road Sonebarasa Chouk, Samastipur P.S. Samastipur Diict Samastipur. 7. Dr. Sharda Sinha D/o late Mangal Deyal Sinha R/o Mohalla Hanuman Niwas Near B.ED College Samastipur P.S. Samastipur District Samastipur. 8. Kiren Bala Singh D/o Shri Thakur Bangur Singh R/o Village Muktapur Post Muktapur, P.S. Samastipur Dist-Samastipur. 9. Esha Sinha Wife of Shri Sachida Nand Prasad Sinha R/o Mohall RNAR Patna High Court LPA No.1360 of 2011 (5) dt.16-12-2011 2 / 4 2 College Samastipur P.S. Samastipur District Samastipur. 10. Shiuli Bhattacharya D/o late Banshidhar Bhattacharya R/o Mohall Ranuka Kuteer, Opp. Amarcinema Kachiari Muzaffarpur P.S. Mithanpura Muzaffarpur Dist-Muzaffarpur. 11. Dr. Sheela Sinha D/o Mr. R.P.Sinha R/o Mohalla Tara Cottage, Ward No. 21 Bahadurpur, Samastipur P.S. Samastipur District Samastipur. 12. Arun Kumar Karan S/o late Byas Nandan Lal R/o Mohalla Kashipur (Building of Ramashis Singh) P.S. Samastipur District Samastipur. 13. Dr. Nirmala Thakur W/o Shri Shyam Kishore Thakur R/o Mohalla Professor Colony Gali No. 1 Samastipur P.S. Samastipur District Samastipur. 14. Dr. Sunita Sinha D/o Late S.K. Singh R/o Mohalla Opposite West of Patel Maidan Kashipur P.S. Samastipur Distict Samastipur. 15. Dr. Usha Chaudhary wife of Dr. T.N. Chaoudhary R/o village Mouna Niwas Srikrishnapur, Near Sonbarsha Chowk, Samastipur P.S. Samastipur District Samastipur. ………..Petitioners……..Respondents…(1st Set) 16. The State of Bihar though the Commissioner cum Secretary, Higher Education, Government of Bihar, Patna. …..Opposite Party……Respondent….(2nd Set).. Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Nivedita Nirvikar, Advocate. For the Respondent/s : Mr. Prakash Kumar, AC to GP 7. ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 5 16-12-2011 Though served the respondent nos. 1 to 9 and 11 to 15 have not entered appearance. Respondent no. 10 is reported unserved. Patna High Court LPA No.1360 of 2011 (5) dt.16-12-2011 3 / 4 3 This Appeal under Clause 10 of the Letters Patent is preferred by the Lalit Narayan Mithila University, Kameshwar Nagar, Darbhanga against the order dated 8th September 2011 made by the learned Single Judge in pending MJC No. 4993 of 2010. It appears that by order dated 30th June 2010 made by the learned Single Judge in C.W.J.C No. 1409 of 2010, the appellant University was directed to make payment of the arrears of salary to the writ petitioners, the teachers in the college constituent to the University. As usual, the order has not been complied with. Feeling aggrieved, the writ petitioners have filed MJC No. 4993 of 2010 under Section 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution. Pending the application the learned Single Judge by the impugned order dated 8th September 2011 directed that the Vice-chancellor, the Registrar and the Finance Officer of the University will not draw any remuneration until the order is complied with. Therefore, this Appeal. Learned Advocate Mrs. Nivedita Nirvikar appears for the appellants. She has submitted that the impugned order dated 8th September 2011 has been made by the learned Single Judge without jurisdiction. In a petition filed under the Contempt of Courts Act, ad interim injunction could not have been granted by the learned Single Judge. Moreover, the appellants were not made party respondents in the MJC. The impugned order has been made contrary to the statutory provisions and contrary to the principles of natural justice. None of the respondents has entered appearance or Patna High Court LPA No.1360 of 2011 (5) dt.16-12-2011 4 / 4 4 has contested the Appeal. We do agree with the learned Advocate Mrs. Nivedita Nirvikar. The appellants were not made party to the petition in their individual capacity. In absence of the appellants impleaded in their individual capacity, the learned Single Judge could not have issued injunction against the appellants. For the aforesaid reasons, we allow this Appeal. The impugned order dated 8th September 2011 made by the learned Single Judge in MJC No. 4993 of 2010 is set aside to the extent the vice-chancellor, the Registrar and the Finance Officer of the Lalit Narayan Mithila University are restrained from drawing remuneration. Prakash (R.M. Doshit, CJ) (Birendra Prasad Verma, J)