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2010 Supreme(Pat) 2531
PATNA HIGH COURT
T.Meena Kumari and Shiva Kirti Singh JJ.
Prabhat Kumar S/o Late Indradeo Prasad Singh
Versus
State Of Bihar
MJC No. 3327 of 2010 2561 of 2010
Decided On : NOVEMBER 24, 2010
Courts have discretion to grant additional time for compliance with orders, but expect promptitude and may impose consequences for non-compliance.
Headnote:
University - Compliance with Court Order - The court granted additional time to the university to complete the exercise of filling the post as per the court's order, with a warning of consequences for non-compliance.
Fact of the Case:
The university sought an extension of time to complete the exercise of filling the post as per the court's order, while the petitioner of the contempt application sought punishment for the university's failure to show intention to comply with the order.
Finding of the Court:
The court granted three months further time to the university to complete the exercise, emphasizing the need for promptitude in complying with the court's order and warning of consequences for non-compliance.
Issues: Extension of time for compliance with court order, non-compliance by the university, and consequences for non-compliance.
Ratio Decidendi: The court has the discretion to grant additional time for compliance with its orders, but expects promptitude and warns of consequences for non-compliance.
Final Decision: The court granted three months further time to the university to complete the exercise and disposed of the application seeking an extension of time.
1. By judgment dated 13.5.2001 (Annexure-1), a pivision Bench of this Court granted four weeks time to the Respondent-University for working out the percentage of post to be filled up by amending the statute as agreed to by the learned counsel for the University and the exercise of filling of the post was to be completed within six months.
2. M.J.C. No. 2561 of 2010 has been filed on behalf of the Rajendra Agricultural University for extending the aforesaid period of time whereas petitioner of the contempt application submits that University-authority should be punished because they took no steps to show their intention to comply with the order.
3. Considering all the relevant facts, we grant three months further time to the Respondent-University to complete the entire exercise. All concerned authorities, who are required to act for implementing the Courts order, must show due promptitude and if the order is not complied within the time granted above, they would be required to give date-wise explanation for their non-compliance. Further, if the order is not complied with on the next date, the Registrar of the University must be personally present in Court alongwith relevant records and explanation for non-compliance of the order.
4. Let M.J.C. No. 3327 of 2010 be put up after three months.
5. M.J.C. No. 2561 of 2010 stands disposed of.
