Disposed

Ramphal Mandal v. The T.m.bhagalpur University and Ors.

Patna HC18 Jun 2013MJC/5194/2012

Case brief

AI extract

What is this about?

In this miscellaneous jurisdiction case regarding contempt, the High Court held that the dismissal of the petitioner's regularization claim by the Vice Chancellor could not be adjudicated in a contempt proceeding. The petition was disposed of with liberty to challenge the Vice Chancellor's order elsewhere.

What did the court decide?

The M.J.C. petition is disposed of with a liberty to the petitioner to challenge the order of the Vice Chancellor before an appropriate forum.

Ramphal Mandal Vs The T.m.bhagalpur University and Ors. — Service and Employment | Patna HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.5194 of 2012

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Ramphal Mandal S/O Late Suresh Mandal Resident Of Vilalge- Jamunia, P.S- Navgchhiya, District- Bhagalpur.

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.... .... Petitioner

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Versus

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The T.M.Bhagalpur University, Bhagalpur, through its Registrar, namely Mr. V.K. Singh

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Dr. Vimal Kumar, the Vice- Chancellor, T.M. Bhagalpur University, Bhagalpur.

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The Deputy Registrar, T.M. Bhagalpur University, Bhagalpur namely Mr. Ravindra Chaudhary.

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The Commissioner- Cum- Secretary, Department Of Higher Education, Government Of Bihar, New Secretariat, Patna namely Mr. Amarjit Sinha, I.A.S.

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The Director, Department Of Higher Education, Government Of Bihar, New Secretariat, namely Mr. Sita Ram Singh

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.... .... Opposite Parties

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====================================================== Appearance :

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For the Petitioner : Mr. Purushottam Kumar Jha, Advocate For the Tilka Manjhi Bhagalpur University : Mr. Anil Singh, Advocate For the State : Mr. Anjani Kumar Sharan, S.C. 9

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====================================================== CORAM: HONOURABLE MR. JUSTICE S.N. HUSSAIN

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and

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HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE S.N. HUSSAIN)

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4 18-06-2013 Heard learned counsel for the parties.

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This M.J.C. petition has been filed for initiating a proceeding of contempt against the opposite parties for their alleged intentional, wilful and deliberate action in flouting/disobeying the order of a Division Bench of this Court dated 11.04.2011 passed in L.P.A. No. 104 of 2011, by which the order of the learned Single Judge directing the petitioner to move

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Patna High Court MJC No.5194 of 2012 (4) dt.18-06-2013

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Page 3

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the Vice Chancellor of Tilka Manjhi Bhagalpur University, Bhagalpur (hereinafter referred to as `the University’ for the sake of brevity) to press his case of regularization, was affirmed with a direction that the matter should be decided by the Vice Chancellor if the appellant preferred a representation before him in the light of the observation made by the writ court.

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A show cause has been filed by the opposite parties stating that in compliance of the order of this Court, the grievance of the petitioner has been considered by the Vice Chancellor of the University, who passed a reasoned order dated 03.05.2013 rejecting the claim of the petitioner for regularization of his service in the University.

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Although learned counsel for the petitioner vehemently opposes the contention of learned counsel for the opposite parties stating that the application of the petitioner has not been properly considered and the order is wrong both factually and legally, but the said objection cannot be decided by this Court while considering a contempt matter.

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From a perusal of the said show cause, it appears that the Vice Chancellor has passed an order as per the direction of this Court. Whether the said order is good, bad or indifferent, it has to be considered by an appropriate forum if the petitioner

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Patna High Court MJC No.5194 of 2012 (4) dt.18-06-2013

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Page 3

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challenges the same.

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In the said circumstances, this M.J.C. petition is disposed of with a liberty to the petitioner to challenge the said order of the Vice Chancellor before an appropriate forum.

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(S.N. Hussain, J)

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MPS/-

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(Ahsanuddin Amanullah, J)

Ramphal Mandal v. The T.m.bhagalpur University and Ors.

Case brief

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Ramphal Mandal v. The T.m.bhagalpur University and Ors.

Case brief

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