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Satish Kumar Sharma Vs. the State of Bihar and ors.

Satish Kumar Sharma vs The State of Bihar and ors.

Type Court Judgment Court Patna Decided May 11, 2012
~2 min read
https://sooperkanoon.com/case/975009

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Citation
Court
Patna High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Satish Kumar Sharma

Respondent

The State of Bihar and ors.

Excerpt

.....same to the petitioner failing which this court would consider initiating contempt proceedings as against the finance officer. petitioners next grievance is even though the university admits that over rupees six lacs is due and payable to the petitioner on account of adjustment and deductions made, the university is not paying the same. learned counsel for the university submits that it has no funds to make the payment and the fund that it is receiving from the state is with specific directions for specific purpose which cannot be diverted. it states that it had made requisition to the state in respect of petitioner also but no funds have been allotted. learned counsel for the petitioner submits that there has been no separate requisition in 2 respect of petitioner for compliance of courts order. there is general requisition. learned counsel for the state states that he has no instructions in the matter. it is regrettable that courts orders are not being complied with and the matter is played like a football between the university and the state and the sufferance is of the petitioner. as a matter of last indulgence, put up this matter under the same heading on the 01st of february, 2012 by when the state and the university would sort out the matter and ensure payments are duly made to the petitioner and affidavit is filed both by the state and the university showing compliance in all regards. m.e.h./ (navaniti prasad singh)

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No 1260 of 2011 Satish Kumar Sharma Versus The State Of Bihar & Ors ----------------------”

11. 01.2012 The petitioner has two grievances for the moment. Though in compliance of orders of this Court, his position as Reader has been restored, the deductions and deprivation of remuneration in the meantime has not been made good. A calculation chart has been annexed to the show cause which, according to the petitioner, is incorrect. Firstly, in this regard, the petitioner should immediately file his detailed objection before the Finance Officer of the University who would examine the matter and within one week of the representation being filed, take a decision in that regard and communicate the same to the petitioner failing which this Court would consider initiating contempt proceedings as against the Finance Officer. Petitioners next grievance is even though the University admits that over rupees six lacs is due and payable to the petitioner on account of adjustment and deductions made, the University is not paying the same. Learned counsel for the University submits that it has no funds to make the payment and the fund that it is receiving from the State is with specific directions for specific purpose which cannot be diverted. It states that it had made requisition to the State in respect of petitioner also but no funds have been allotted. Learned counsel for the petitioner submits that there has been no separate requisition in 2 respect of petitioner for compliance of Courts order. There is general requisition. Learned counsel for the State states that he has no instructions in the matter. It is regrettable that Courts orders are not being complied with and the matter is played like a football between the University and the State and the sufferance is of the petitioner. As a matter of last indulgence, put up this matter under the same heading on the 01st of February, 2012 by when the State and the University would sort out the matter and ensure payments are duly made to the petitioner and affidavit is filed both by the State and the University showing compliance in all regards. M.E.H./ (Navaniti Prasad Singh)

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