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2009 DIGILAW 1336 (PAT)

Suo Motu Contempt Against v. C. , M. U. Gaya VS State

2009-10-28

NAVANITI PRASAD SINGH

body2009
JUDGEMENT 1. The moral standards by which the Vice-Chancellor of Universities of this State profess to live is exemplified by this case. Because of total non-cooperation in the Court proceeding by order dated 20.8.2008, as passed in C.W.J.C. No. 6509 of 2005, the personal presence of Vice-Chancellor and other Officers of the Magadh University were directed by this Court. They were to be personally present in the Court on the 3rd September, 2008 at 10:30 AM. On 3rd September, 2008 all but the Vice-Chancellor were present. The Vice-Chancellor had sent his Liaison Officer to inform the Court that he was ill and as such could not appear. 2. On the next date, learned counsel for the petitioner brought on record that when the case was taken up on the earlier date when Vice-Chancellor was to be personally present in the Court and when it was mentioned that he was ill, in fact, he was sitting at a public function at public dais with a Minister addressing a public meeting. This being a gross contempt, a Suo Motu contempt proceedings have been initiated. An apology was tendered by the Vice-Chancellor, which was out- rightly rejected by this Court and the proceedings initiated. He was asked to file his personal show cause. He has so filed. The facts, as stated above, are not denied. It is sought to be explained that once the Vice-Chancellor reported ill and took medicines he recovered enough immediately to be present with the Minister, who was no other than the Minister of Human Resources, which controls the University as well. Thus, the reason for avoiding appearance before this Court was obvious. The Vice-Chancellor had to make a choice because he could not be present at both the places simultaneously. He decided to choose the Minister rather than obey the judicial order of this Court. 3. In such circumstances, I am left with no option but to hold the Vice-Chancellor guilty of gross contempt. Instead of awarding any punishment all that I deem it proper is that let a copy of this order be sent to the Honble Chancellor of the Universities for necessary action as he may deem fit and proper in the facts of the case. 4. With these observations, this application is disposed of.