Patna High Court: The Bench of Amreshwar Pratap Sahi, CJ and Ashutosh Kumar, J., directed for a fresh inquiry in the matter of unauthorized payment of salary to the Respondent (Associate Professor) to the tune of Rs 95 lakhs even when there was serious audit objection for the payment of same.
The facts of the case are that 40 colleges of a University were taken over by the State Government in the year 1986 and one amongst such colleges was the college where the respondent was an Associate Professor. He was employed in the 4th phase of such take over which led to serious controversies, claims and counter claims, the matter went to Supreme Court where it was requested to determine the genuineness of the claim of the teachers qua the number of posts sanctioned by the State of Bihar working in different colleges which were taken over by the State of Bihar in the 4th phase. The Justice S.C. Agrawal Commission recommended for inclusion of the names of such persons whose names had been recommended or were in the process of being recommended. The submission of the petitioner is that the name of the Respondent was not mentioned in the list but later because of a composite order being passed, the Division Bench took a view that since the name of Respondent found mention in the list, there was no occasion for any dispute with respect to payment of salary to him.
The Court directed that an inquiry should be held with respect to the genuineness of the claim of the respondent for seeking payment from the University. [Akhilesh v. State of Bihar, 2019 SCC OnLine Pat 249, Order dated 27-02-2019]
