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Judgment
The respondents in M.A.T. 260 of 2020 are the present applicants. The necessity for taking out this application appears to have arisen in view of the
order dated 17th February, 2020 passed by a co-ordinate Bench in which it has been specifically stated that the society of the college would not incur
any unusual expenditure on any abnormal head and should there be any necessity for any unusual spending, prior leave of the Court would be
required.
The respondents have filed this application for disbursement of the monthly salary of the B. Tech. unit, B.B.A-B.C.A. unit of
the respondent no. 1 along with electric and internet bill and miscellaneous expenditures, roughly amounting to Rs. 35 Lacs. A tabular statement in
justification of the requirement of such fund from November, 2019 to May, 2020 is annexed to the petition.
Mr. Bikash Ranjan Bhattacharya, the learned senior counsel appearing on behalf of the appellants raised objection with regard to the manner in which
the applicants sought to raise the said fund. It is submitted that the Principals of the respective colleges, who are the authorised signatories of the
respective colleges, may be allowed to disburse the said amount and has assured the Court that there would be no insufficiency of fund to meet such
expenses contrary to the apprehension raised by the applicants.
Mr. Sakya Sen, learned advocate appearing on behalf of the applicants has added one rider to the said suggestion of Mr. Bhattacharya. He submits
that the disbursement should be made after a statement is prepared by the Principals of the respective colleges are verified by the District Magistrate
who is ex-officio Vice-Chairman of the Governing Body of the MCET and HRD. vide resolution dated 13th November, 1987. Although Mr.
Bhattacharya had raised objection with regard to the resolution dated 24th October, 2019 and claimed that the clients he represents are members of
the Governing Body, however, keeping in mind that the teachers and staff of the college would be without salary, he did not seriously oppose the
prayer of Mr. Sen.
On such consideration, we direct the Principals of the respective colleges to prepare the salary bills of the teachers and staff, the electric and internet
bills and other miscellaneous expenses for which there is requirement of fund for the period from November, 2019 to May, 2020 and submit such
documents and bills to the District Magistrate within 48 hours. The concerned District Magistrate is directed to scrutinise and verify the said bills
within seven days from the date of submission of such bills and documents and forward such bills upon verification to the Principals of the respective
colleges in order to enable them to disburse the amount found payable on verification towards expenses mentioned in paragraph 10 of the application,
being CAN 3264 of 2020.
The Principals of the respective colleges upon receiving such verified statement from the District Magistrate shall disburse the same within 48 hours.
The Principals of the respective colleges shall, file a report disclosing such payment details along with the communication received from the District
Magistrate, in the form of an affidavit within one week after disbursement of the salaries and other miscellaneous expenses in terms of this order are
made.
CAN 3264 of 2020 is, thus, disposed of.
This order also disposes of CAN 3257 of 2020 and CAN 3265 of 2020.