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2009 DIGILAW 904 (PAT)

Suo Motu Contempt Against v. C. & Reg. Of V. K. S. U. VS State

2009-07-10

J.N.SINGH

body2009
JUDGEMENT 1. By a common order dated 31.7.2008 passed in C.W.J.C. No. 13494 of 2004 and other analogous cases, this Court issued certain directions to the University authorities. Directions were not complied with within the time frame. A few indulgences were granted to the University authorities to comply the directions within the extended time which also they did not do. Therefore, by order dated 11.12.2008 contempt proceedings were initiated against the Vice-Chancellor and the Registrar of the Veer Kunwar Singh University for non- compliance of the common order dated 31.7.2008 passed in the aforesaid writ application and they were directed to file show cause. 2. Accordingly office of this Court registered separate contempt proceedings and listed the same side by side the writ applications before this Court in a batch. 3. Hearing proceeded in the matter on different dates and the contemnors filed their show cause in C.W.J.C. No. 13494 of 2004 which they prayed to be treated as common show cause in all the analogous matters. Finally, the matter was heard in detail on 8.4.2009 and by a reasoned order passed in MJC No. 57 of 2009 which arose from C.W.J.C. No. 8284 of 2008, the Vice-Chancellor and the Registrar of the University were held guilty of contempt. 4. Thereafter matters were adjourned for hearing on the question of punishment. After few adjournments, matters were finally heard and by order dated 30.6.2009 passed in MJC No. 57 of 2009 orders of punishment have been passed against the said Vice-Chancellor and the Registrar of the University. 5. This contempt matter arises out of C.W.J.C. No. 3917 of 2007. Petitioner of this case is the wife of a deceased teaching employee of the University, who retired on 30.9.1994 and was later on promoted to the post of Professor with retrospective effect from 26.9.1989. However, his pensionary benefits were not revised and he died on 29.1.1999. As the petitioner continued to get her family pension on the Readers scale, she filed the writ application for grant of monetary benefits on account of promotion of her husband in the Professors scale and consequent revision in the pensionary benefits granted to her husband and now being granted to her. 6. Pursuant to the earlier notice by this Court, show cause as well as counter affidavit was filed in the case. 6. Pursuant to the earlier notice by this Court, show cause as well as counter affidavit was filed in the case. After the orders were passed in MJC No. 57 of 2009 on 8.4.2009, a show cause was filed in this case also. With the show cause, one receipt signed by the petitioner in token of receipt of some dues in respect of her deceased husband has been annexed. The receipt discloses that the petitioner had received some amount from the College. But the show cause does not show that there was any attempt on the part of the contemnors to finally calculate the entitlement of the husband of the petitioner and furnish a copy to her for her consideration which was directed by order dated 31.7.2008 passed in C.W.J.C. No. 13494 of 2004 and analogous cases to introduce transparency, accountability and finality to the process of calculation and payment of retiral and other dues of the retired employees. Another show cause has been filed by the opposite parties on 1.7.2009 alongwith which also same receipt has been enclosed. 7. The documents annexed with the earlier show cause and counter affidavit filed in the connected writ matter and in the present contempt only show an ad hoc approach by the contemnors in the matter and complete disregard to the directions of this Court to adopt the procedure for the purpose of introducing transparency, accountability and finality in the matter of calculation, ascertainment and payment of post retiral dues of the University employee. 8. In the circumstances, show cause filed in this case is rejected and the contemnors are held guilty of contempt and they are punished with one day simple imprisonment and a fine of Rs. 2,000/ - each. The contemnors shall also bear the entire cost of litigation accrued in the matter after the order dated 11.12.2008 was passed initiating the contempt proceeding, including professional fee of the learned counsel, the cost incurred in filing affidavits/show causes and of traveling to Patna from the headquarter of the University for the purpose of contacting their counsel and taking steps in connection with this batch of cases, from their own salary in equal proportion. 9. The contemnors-opposite parties are directed to appear before the Registrar General of this Court by 20th July, 2009 for their commitment to prison in terms of Rule 17 of Chapter 27A of Patna High Court Rules. 9. The contemnors-opposite parties are directed to appear before the Registrar General of this Court by 20th July, 2009 for their commitment to prison in terms of Rule 17 of Chapter 27A of Patna High Court Rules. 10. The contempt application is accordingly disposed of. 11. Let a copy of this order be handed over to learned counsel for the University.