IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.82 of 2010 BIRENDRA NARAYAN CHAUDHARY, S/O SRI NARAYAN CHAUDHARY, R/O NEAR KULDEEP VASTRALAY GOLGHAR CHOURAHA, P.S.-BUDHA COLONY, TOWN AND DISTRICT-PATNA. …………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. MR.ANJANI KUMAR SINGH, THE PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 3. MR.K.K.PATHAK, THE SECRETARY, HUAMN RESOURCES DEVELOPMENT DEPARTMENT (HIGHER EDUCATION), GOVT. OF BIHAR, NEW SECRETARIAT, PATNA. 4. DR.BILAT BIHANGAM PASWAN, THE VICE- CHANCELLOR, MAGADH UNIVERSITY, BODH- GAYA, GAYA. 5. SHRI D.K.YADAV, THE REGISTRAR, MAGADH UNIVERSITY, BODH-GAYA, GAYA. ……………OPPOSITE PARTIES. ----------- 5 28.09.2011 By interim order dated 01.09.2009 passed in CWJC No.8242 of 2007, this Court had directed the respondent University and the State Government to sort out the matter between them and take a final decision with regard to payment of salary of the petitioner within three months. A show cause has been filed on behalf of the University officials in which it is stated that considering the claim of the petitioner for salary absentee report was called for from the College in respect of working of the petitioner after he re- joined on 08.05.2001. 2 The absentee report which was submitted by the Principal of the College showed that in 2001 from the month of May to July, petitioner had worked only for 7 days. Hence, learned counsel for the University submits that the petitioner was not entitled for his salary. A reply has been filed by the petitioner to the show cause. In the reply it is stated that the petitioner was not allowed by the College authorities to mark his attendance. This is a disputed question of fact which cannot be decided in a contempt proceeding. Therefore, the application is disposed of. Petitioner will be at liberty to agitate his grievances before the University authorities for necessary inquiry in the matter. Arvind/ ( J.N. Singh, J.)