JUDGEMENT
-
(1.) The present contempt application has been preferred mainly against the
noncompliance
of the order passed by this Court dated 30th June, 2009
passed in finally disposed of writ petition bearing W.P. (S) No. 1135 of 2009,
which is at Annexure4
to the memo of the application.
(2.) Having heard learned counsel for both the sides and looking to the facts
and circumstances of the case, it appears that the following direction was
given by this Court while disposing of the writ petition bearing W.P. (S) No.
1135 of 2009 vide order dated 30th June, 2009.
''4. In view of these facts, I hereby allow this petition and the orders passed by
the respondents at Annexures1
and 1/A are hereby quashed and set aside as
there is breach of principles of natural justice. Similarly, the orders passed
against the present petitioner no. 2 are also hereby quashed and set aside to the
extent to which they are deducting sizeable amounts from the retirement benefits
of the petitioners. Nonetheless, the liberty is reserved to the respondents to
initiate action against the present petitioners, in accordance with law and after
following principles of natural justice. It is needless to say that the respondents
shall consider judicial pronouncements as referred at Annexures 6 and 7 to the
memo of the present petition whenever they are taking any action against the
present petitioners.
In view of the aforesaid direction, it appears that liberty was reserved
with the respondents to initiate action against the petitioners, in accordance
with law and after following the principles of natural justice
(3.) It further appears that in compliance of the aforesaid order, requisite
notices were issued to the original petitioners , which are at Annexures2
and
2/A of the memo of this contempt application and after giving adequate
2opportunity
of being heard, the Vice Chancellor of Birsa Agricultural
University, Kanke, Ranchi, (opposite party no. 2) has passed a detailed
speaking order dated 17th March, 2010, which are at Annexures3
and 3/A
(for original petitioner nos. 1 and 2). Looking to these orders, it appears that
it requires a challenge by way of a writ petition, if they are advised. Several
facts are involved in this application mainly for the reason that it is alleged by
the opposite partyUniversity
that there are certain letters written by the
original petitioners admitting the amount to be refunded to the opposite
partyUniversity.
These facts have been denied by the learned counsel for the
petitioner.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.