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Patna High Court

Dr. Nirbhay Narayan ChoudharyversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the respondents’ non‑compliance with the earlier order amounted to willful disobedience warranting contempt proceedings, but allowed the petition to be withdrawn subject to payment of the admissible dues.

Summary

Dr. Nirbhay Narayan Choudhary, a retired university professor, filed a writ petition seeking payment of his admissible dues after his termination. The High Court had earlier ordered the respondents to calculate and pay these dues within four months, but the respondents failed to comply. The petitioner then moved for initiation of contempt proceedings against the respondents for willful disobedience of the June 30, 2021 order. The Court held that the non‑compliance constituted contempt, yet permitted the petitioner to withdraw the writ with a direction that the dues be paid and issued a show‑cause notice to respondents 3, 4 and 5. The matter was ultimately disposed with the observation that the petitioner could still agitate the issue if desired.

Issues considered

  • Does the respondents' failure to comply with the order dated 30‑06‑2021 amount to contempt of court?
  • Is the petitioner entitled to payment of his admissible dues, including the deducted provident fund?
  • Can the writ petition be withdrawn while directing payment of dues and initiating contempt proceedings?

Subjects

  • contempt of court
  • civil writ jurisdiction
  • university employment
  • retirement benefits
  • non‑compliance with court order
  • admissible dues

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Miscellaneous Jurisdiction Case No.2152 of 2021
                                                      In
                                Civil Writ Jurisdiction Case No.2507 of 2021
                 ======================================================
                 Dr. Nirbhay Narayan Choudhary Son of Late Bhola Chaudhary Retired
                 University Professor and Head of Department of Physics, L.N. Mithila
                 University, Darbhanga, present resident of Road No.3, 52 Bigha, Laxmisagar,
                 P.S.- L.N.M.U., District- Darbhanga.

                                                                            ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar through the Principal Secretary, Department of
                 Education, Government of Bihar, Patna, namely Sri Sanjay Kumar (I.A.S.).
           2.    His Excellency Chancellor of Universities of Bihar, Raj Bhawan, Patna,
                 namely Sri Phagu Chouhan.
           3.    L.N. Mithila University, Darbhanga through its Vice Chancellor, namely Sri
                 S.P. Singh.
           4.    Mr. S.P. Singh, Son of not known, the Vice Chancellor, L.N. Mithila
                 University, Darbhanga.
           5.    Dr. Mustaq Ahmad, Son of not known to the petitioner, at present posted as
                 L.N. Mithila University, Darbhanga.
           6.    Dr. Laxmi Kant Jha Son of Late Gangadhar Jha at present working as
                 Assistant Professor, M.L.S.M. College, Darbhanga, District- Darbhanga.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Pranav Kumar Jha, Advocate
                 For the Opposite Party/s :     Mr.Ajay Kumar Rastogi (AAG 10)
                 For LNMU                 :     Mr. Bindhyachal Rai, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

3   12-03-2026                    Heard the parties.

                                2. The present matter has been preferred for :

                                                        “initiation    of    a    contempt

                                              proceeding against the opposite parties

                                              for their willful disobedience and non-

                                              compliance of the order dated 30.06.2021

                                              passed in C.W.J.C. No. 2507/2021 by
Patna High Court MJC No.2152 of 2021(3) dt.12-03-2026
                                             2/3



                                      Hon'ble       Mr.         Justice        Anil     Kumar

                                      Upadhyay by which this Hon'ble Court

                                      has     been        pleased         to     direct      the

                                      Respondents           for        calculating           the

                                      admissible dues of the petitioner and pay

                                      the same at the earliest within a period of

                                      four      months          from      the         date    of

                                      receipt/production of a copy of this order,

                                      but after elapse of more than four months

                                      the Respondents/ Opposite Parties have

                                      not taken any steps with regard to the

                                      grievance of the said order passed by this

                                      Hon'ble           Court      which         is      willful

                                      disobedience of the order passed by this

                                      Hon'ble Court, for this the Opposite

                                      Parties No.3, 4 and 5 are liable for

                                      suitable conviction and sentence.”

                       3. The writ petition was permitted to be withdrawn

          with a direction to pay the admissible dues, a show-cause on

          behalf of the Opposite Party Nos. 3 to 5 is on record and learned

          counsel for the LNMU has taken this Court to paragraph 7

          which read as follows:

                                                   “That since, the termination of

                                       the services of the petitioner was made
             Patna High Court MJC No.2152 of 2021(3) dt.12-03-2026
                                                         3/3



                                                    оп     the       recommendation   of   the

                                                    Departmental Committee in which it was

                                                    mentioned at Point No.-7(ii) that "seeing

                                                    the long services rendered by him

                                                    through illegally recovery of pay should

                                                    be avoided since he has discharged his

                                                    duties and taught the students." and at

                                                    Point No.-7(iii)." He may be allowed to

                                                    receive the amount of Provident Fund

                                                    Account which was deducted from his

                                                    salary and should not be entitled for any

                                                    other retiral benefits since his very

                                                    appointment/subsequent       regularization

                                                    and promotions are found to be illegal.”

                                    4. The University has taken a decision, the petitioner

                       if so wants can very well agitate the matter, MJC No. 2152 of

                       2021 is disposed of with the aforesaid observation.



                                                               (Rajiv Roy, J)
atul/-

U        T


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