Appellant: Contemnor had been advised that the plea that the matter is sub-judice is not available to him and it would be appropriate to comply order for the simple reason that no stay application had either been filed or was pending. Correctly advised by Senior State Counsel.

Held, no interference is called for in the contempt proceeding. Here in after the matter will be between the contemnor –appellant and division bench of the court where contempt proceedings are in pending. Appeal misconceived. Thus,dismissed

Bihar Reorganisation Act
Section 65 IX Schedule

Company mentioned in the IX Schedule will continue to function in the areas in which it was functioning immediately on  the appointed day untill otherwise provided by legislation or agreement or any direction of the Central Government (Para-12)

Equitable Rule of Estoppel

Bihar State Forest Development Corporation which itself announced liquidation, filed petition in the Court, to seek winding up, simlutaneously seeking injunction against State of Jharkhand or the Jharkhand State Forest Development Corporation that it be restrained from carrying on the business within the territory of this State is an inequitable, unfair plea, barred by the equitable rule of estoppel.

The Bihar Reorganisation Act
                To make the Corporation an Inter State Corporation the company incorporated in Jharkhand has to be amalgamated with Bihar State Forest Development Corporation and there after Jharkhand would be entitled to have its interest protected by being called upon to nominate its directors on the Board  or Corporation. (Para-25)

Decision by the Government:  Defence that the decision was not formalised  is like saying that the printing of the government gazette was stopped from publication. This is not governance. It is fighting with employees. The government is by the people, for the people and of the people. It is supposed to honour its commitments. (Pr. 14)

Bihar State Universities Act 1976. Section 67 & Section 81 read with Section 8 of Bihar and Orissa General Clauses Act 1917 - Repeal and Saving Clause u/s 81 of Bihar State Universities Act shows that the operation of the act relate back to the date on which things were done or action taken under repealed Ordinance.

Held, Writ Petitioner-Respondent (appointed on 27.10.76 when Ordinance was enforced)  not entitled to benefit of Provision contained in first proviso of Sec 60 of the Act and his appointment will be treated to have been made under the provision of the Act and, thus, this age of  retirement would be governed by the main provison of Section 67 of the Act and his age of superannuation will be 60 years; Appeal is  allowed and the order of the learned single judge is set aside. (Para 13 to 15)

Law and Order: In so far what goes on in Bihar, it is not necessary for the Court to make any comment as only if Hindi newspapers to be read, the barometer gives a clear indication on what exactly the law and order is about. (Page-50)

Transfer: If making transfer is a part of an administrative routine then that should have been so but was not and hence has to kept up in regularity.

Access of Comman man to the police station: The access of comman man to the police station to report a crime has remained on paper. But and this is a fundamental but the report of a crime will have to be accepted for reporting. (Page 51)

Unfair means in examination: To stop the examinees from cheating appeared non-sense to them. Moral degeneration of the society affects law and order. Police alone, in its inaction, may not be solely responsible. It may be a case study for a sociologist. (Page 52)

Police manual rules 844 to 847

Held, bare reading of rule 847 shows that if the criminal case has culminated  into conviction , in that case the departmental  proceeding shall not be taken under the appeal  against the order of conviction has been learned or the allowed for appeal has expired . No where, these rules say that once there is allegation against a police personal, for which a criminal case has been instituted, then no departmental proceeding should be initiated till the criminal case is concluded. No substance in other grounds.

Bihar Finance Act  Sec.46 (4) :  Joint Commissioner  decided to exercise the power u/s 46(4) of the Act on the ground that the relevant  statement s from the excise department were not considered and claim of discount has been allowed, contrary to legal provision. Such grounds are valid ground for exercising power u/s 46(4) of the Act. (Para-11)

Bihar Finance Act Sec. 2(u) Sale Price – sale price cannot be segregated component wise, namely excise duty- However once the excise duty becomes part of the sale price, the trade discount is also permissible with regard to the same.(Para - 24)

Income Tax Act 1961 Sec. 234 C – failure   to  deposit  the   advance  tax   in installment as  provided under the Act or less  amount is paid, the assessee  is  liable  to  pay  interest. (para 8)

Income Tax Act 1961 Sec. 234 C – Provision of section  234-C  of the Act is  mandatory like earlier provisions.   No  discretion is left  in the authority  to reduce or waive the interest exceptin those cases in which provision has been made under the Act itself. (para 8)

Income Tax Act 1961 Sec. 234 C –Only on the ground that  it may create hardship  in some cases, provision  cannot be declared unconstitutional

Limitation Act 1963 Sec.5:
Court has no power to condone the delay on the sufficient ground after expiry of the limitation under section 5 of the limitation Act with regard to the suits. Such power is vested with regard to appeal and application only. (Para-15)

Limitation Act 1963 Sec.5 :-
If the authority under the act is not treated as  a court then the provision of the limitation Act will not apply for it.(Para – 31)

Referred
AIR 1974 Patna 174
AIR 1964 SC 444
AIR 1985 SC 1279

Distinguished
1991 (1) PLJR SC 3
1998 (3) PLJR  693

Compassionate Appointment - Appointment cannot be claimed as a matter of a course and the same is governed by rules and regulations  governing  the appointment on compassionate ground . It the employer has framed a rule governing the compassionate appointment and the said rule is not arbitrary or unreasonable, the court cannot compel the employee to make the appointment de-hors the rule.(Para-11)

Standing order dated 18.02.1994  issued by Bihar State Electricity Board, Patna – Rule clearly debars the adopted daughter for claiming appointment on compassionate ground. (Para- 14)

Relied upon
(1994) 4 SCC 138
(1998) 2 SCC 412
(1994) 2  SCC 718
(1999) 15 SCC 673

Distinguished

1994 (2) PLJR 536

Suspension: Civil services (Classification, Control and Appeal) Rules 49A. In view of the provision of rule 49A(5)(A) the suspension has to be held as continuing until it is modified or revoked by the competent authority.

Referred
AIR  1951  SC 1342
AIR  1961  SC 276
AIR  1964  SC 787

Payment Of Gratuity Act 1972
Bihar State Electricity Board is an “industrial or other establishment” within the meaning of payment of wages Act  and thus “establishment” by virtue of extended definition under the gratuity Act.(Para-7)

Payment Of Gratuity Act 1972 Sec 5 -  Denial of gratuity under gratuity Act is not by way of punishment, it is rather the consequence of exemption under a statuatory provision.(Para-13)

Bihar provision rules and payment of gratuity Act 1972 - Officers and workman of Bihar State Electricity Board - The pension/gratuity available to the officers (also workman) if not more favourable (under Pension rules), are not less favorable then those available of them under Gratuity Act – Held there is no violation of the condition laid down in section  5(1) of the gratuity Act (if right to receive, under gratuity Act, taken away by a subsequent exemption by notification by the State Government )(Para- 20)

Rule Of Executive Business 1979
                Decision to exempt the board (Bihar State Electricity Board) from the operation of  the gratuity Act – Approval of noting of the labour commissioner by the minister in charge - Held, It is not necessary for minister to record self contained order – His endorsement tantamount to acceptance  of the noting, the whole of which in the eye of law , would  be deemed  to be part of his order. (Para-26)

Referred:
AIR 1979 SC 1981
AIR 2002 SC 655
AIR 2001 SC  2433  (distinguished)
AIR 1964 SC 1823
AIR 1974 SC 2192
AIR 1991 SC 1216

Bihar Deed Writers Licensing Rules 1996, Rule 6 - fixing of  number  of  licensed document  writer  is permissible  in  law  and the number fixed  is  also based on reasonable  ground. Registration (Bihar Amendment ) Ordinance, 1991, sec.68 B(2) the  law, in specific  term, had provided for the counting  of experience  from a particular date and as such,  the experience  has  to be counted on that date  and  no other date.

Relied
1983(3) PLJR 665
AIR 1981 SC 561

Bihar Panchayat  Raj Act 1993 ,Sec 44(4)- Provides for clear seven days notice for holding special meeting –meeting held in the teeth of provision of section 44(4) of the Act , which will  render the holding of meeting illegal and natural corollary of the same would be that decision taken in said meeting shall be vitiated in the eye of the law. (Page-156)

Judicial  Review- Prerogative right has been conferred on the superior courts for doing justice between parties but justice as it is will established has to be done in accordance with law, principle of utility and good conscience come when law is silent. (Page -158)

Registration Act & Registration (Bihar Amendment) Ordinance 1991- Sec 68-B and Bihar Deed Writers Licensing Rule, Rule 3(d) - In view of clear language of section 68-B of the Act, the authority is to be satisfied that the  person does not  have the experience of 10 years but  is  otherwise fit to take  up  the profession  of a document writer.  The rule also contemplates that such person should be of good moral character.

Satisfaction of the Authority-  Satisfaction  of  the authority is on the basis of what the petitioner of the year 1987- a state material and may not be germane because of passage of time denying the  petitioner license on the ground of his misbehavior about two decades ago shall not  be just and proper.

Bihar Panchayat Raj Act Sec. 44(7) and Section 42(3)- when Section 42(3) of the Act has specifically provided that motion of no confidence can  be carried out by majority  of  the total number  of  elected members of the Panchayat, that the general  provision [u/s 44(7)] will  give way  to  the special provision u/s 42(3) of the Act.

Judicial Review- Power to issue  prerogative  writs and  orders  have been conferred on superior courts to do justice. The court will not interfere with an order, the quashing whereof will revive an illegal order.

Departmental proceeding
               So far as the enhanced punishment of dismissal  is concerned,the same could not be awarded to the petitioner in appeal filed by the petitioner especially when he was given no opportunity of hearing in relation to enhancement of punishment. That part of appellants order observe to and is accordingly quashed. It is hereby observed that instead of being dismissed from services, the petitioner would stand compulsory  retired from service .(172)

Departmental inquiry
                Petitioner was placed under suspension from 24.4.85 in anticipation of enquiry. Nothing done. No charge-sheet issued. No charges framed. Suspension revoked  on 8.12.86 with further  embargo that after receipt of the final out come of departmental  inquiry the direction for the payment  of the suspension  period would be made.

                No notice issued after lapse of 18 years. Adjournment sought for that is rejected. Petition is allowed. The respondent is directed to pay full salary  for suspension  period with 6% interest on said amount and cost of  Rs.2000/-

Salary- As per directions of the Directorate officers the petitioner was required to give her joining in the Directorate, gave her joining in the Directorate on 13.12.1979, if there was no post  of  A.N.M.  at  Directorate fault   lies  on   the  part  of   the Directorate – petitioner  shall be  entitled  to for salary for the  period 13.12.1979 to 15.04.1984 (till her stay at directorate) with interest of   nine  per  cent  from 15.04.1984 till the date of payment. (Page 188)

Probation of offender Act. 1958 Section 3:  In the opinion of the court the provision contained in section 3 of the probation of offender’s Act would not apply to a matter where a particular person is to be tried under the provision of contempt of court Act section 3 of the Act in  relation to the offences which are in breach of the ordinary law which can be dealt with under the said provision. The  contempt Act relates to the majesty of the high court and the others courts. when a person commits contempt of the lawful authority of any court then he exploses himself to the risk and he cannot be allowed to stay that he be extended the benefit of section 3 of the probation of the offender’s Act.1992 Cr L.J (Orissa) 1788. not Followed

Contempt Of Courts Act 1963:  To tender an apology is not the end of the matter. One must express from the case that he is sorry to what he had done and he is really ashamed for undermining the authority. The High Court and he must also inform the High Court that for a particular reason he could not understand the orders of the High Court. Apology not accepted. Punishment of two month S.I and fine of Rs.1000/-
(2000) and S.C.C 171. Referred 

Bihar College Service Commission Act 1976 and Bihar state University Act 1976 sec 9 (2) and (7) - College Service Commission selected petitioner no 1 and 2 for the selection and appointment by D.H.C Sanskrit Mahavidyalaya,Chanpura,Madhubani.Registrar of the university issued direction to the college that particular action should be taken in accordance with said direction .Direction  No 5 is that without the permission of the university the teacher should not be appointed . In view of direction governing body of college made a request to registrar of the university to give permission for appointment of principal. Respondent submitted that matter has been reffered to Chancellor because the chancellor has issued certain direction and has required vigilance section to make an inquiry into the recommendation made by college service  commission .Held, Chancellor has nothing to be with the appointment of a teacher or the Principal of the college u/s 9(2) of the act.

             Held, under sub section (2) of section 9 of Bihar state university Act 1976. When an authority is created under an Act then authority has to act under the statutes. It cannot exercise powers beyond the Act. Chancellor might have made complaint to the vigilance but it does not mean he can forestall all the appointment

                In the case Vice-Chancellor simply refers the matter to the chancellor, the chancellor does not pass any order and vice-chancellor saysthat unless the chancellor issue the direction or guidelines he is unable to do anything. The respondent university through its Vice-Chancellor and Registrar directed to take up the matter immediately and pass necessary  orders in matter.               

Alternative remedy-Employees of Bihar State Co-operative Land Development Bank if terminated  could  go  to   the co-operative court under section 48(1)(c)  of  the   Bihar   Co-operative Societies Act,1935 - but in view of the Division Bench judgement  of this Court in the matter it is not proper to ask the  petitioner to go to the  onerous  task of filing a  dispute before the  Registrar  or appeal  before  the Board of  Directors. When all others have got   reliefs from this Court.

Referred
2003 (4) PLJR (SC) 197
2003 (3) PLJR 7

L. I. C Staff Regulation –Regulation 36 – Appointing authority or any senior authority to which the petitioner is subordinate or  any   other authority   empowered  in   that  behalf   (vide Schedule IV) can place an employee under suspension.

L.I.C Staff Regulation – Regulation 36 and Item No. 36 (i) of Schedule IV - When Regulation 36 is clear and unambiguous and gives the authority  to  suspend  to  the   appointing authority or any authority to which the employee is subordinate  then simply because the ‘Schedule’ talks about  something  else,  the  power  which flows from  Regulation  36 cannot be  curtailed.

FCI(Staff) Regulation 1971- Appendix-II Regulation-56

If no opportunity of hearing is given to the delinquent officer/employee specially when the regulation requires it , then under such circumstances , it would be useless to refer the matter to reviewing authority.

C.P.C Section 151, 152 - 153
                These Powers vested in the court with the sole purpose to see that no party should suffer due to mistake of the court and ends of justice is not defeated by clerical or arithmetical mistakes, omission or such similar errors. (Para - 8)

C.P.C. Order XLI Rules 31 & 35 and Section 152.
         The Appellate court accepted the claim of plaintiff– petitioner, set aside the judgement and decree of the trial court, allowed the appeal, intention of the court to grant all the relief’s but the same was not expressed in the judgement and decree

– Total failure on the part of appellate court to deliver judgement in term of XLI Rules 31 & 35 C.P.C

– Appellate court committed jurisdictional error in holding that it has no power to rectify the mistake u/s 152 or other Section of the Code. (Para -12 )
Referred (2003)I SCC 197

Bihar Building ( Lease, Rent & Eviction) Contract Act 1982 Section  11(1)(c ) explaination II.

Held –Plaintiff O.P could not be forced to occupy other premises as the premises in question, according to her, would meet the resonable personel need and the said need has been found to be bonafide and in good faith by the Trial Court on appreciation of evidence.

Referred:
 (2002) 8 S.C.C. 765

N.D.P.S  Act: Sec. 55 &  57 - Provision of section 55 and 57 of the Act relates  to steps to be taken by the concerned officer after effecting search,seizure and arrest and are not mandatory  in nature.
                No merit in appeal conviction and sentence u/s 20(b)(i) old new Sec, 20(b)(ii)(c) of N.D.P.S  confirmed.

                Appeal dismissed