BINOD KUMAR Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER nos. 1 and 2 are the Professor Incharge of K.S.S. College, Lakhisarai a constituent college of T.M. Bhagalpur University and petitioner no. 3 is the Bursurer. Petitioner nos. 2 and 3 have retired subsequently. The complaint is that the petitioners who were Incharge of dispersing the amount payable to the Contractor-opposite party no. 2 refused to do so and kept the account pending although there was no direction from the University not to make the payment of the said amount. After the complaint was filed, the petitioners filed a writ application which was allowed. However, the order was set aside by the L.P.A. Bench holding that the petitioners' bill had been stopped on account of bad quality of work. The L.P.A. Bench held that since it was not a statutory contract, the Court was of the view that no direction could be given for payment of money due to the petitioners. Subsequent to that, the University held an enquiry and after enquiry filed a Money Suit numbered as 2 of 2006. Prior to that the petitioners filed a suit for recovery of the amount which is numbered as Suit No. 2 of 2002.

(2.) LEARNED counsel for the petitioners submits that the dispute is of a civil nature as it relates to non payment of the bill amount and that the petitioners cannot make any claim that there was any deliberate attempt on behalf of the petitioners not to make the payment. At this stage, the Court cannot judge that whether the petitioners deliberately withheld the money or not as the documents on which they rely, are all issued after to the filing of the complaint petition, even the so called enquiry held is subsequent to the filing of the complaint.