IN THE HIGH COURT OF JUDICATURE AT PATNA
MJC No.2098 of 2010
Bihar Veterinary Association & Ors.
Versus
Shri Anup Mukherjee & Ors.
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7 05-07-2011 Pursuant to our order dated 21-06-2011, the Principal
Secretary of Animal Husbandry and Fisheries Department as well as of
Finance Department are present in Court along with their show cause.
We had made it clear that if the concerned opposite parties
do not purge themselves of the contempt by today, it may not be
possible to show any leniency in the matter as the contemnors have
neither complied with the order of the Division Bench passed in Letters
Patent Appeal of 2007 nor with the various orders passed thereafter in
the earlier contempt proceeding or in the present contempt proceeding.
Learned A.A.G.I submits that a modification application has
been filed in L.P.A. 534 of 2007 on the limited point as to whether show
cause notice to the petitioner Association of veterinary doctors would be
sufficient or notice is required to be given to each and every veterinary
doctor in the State of Bihar. In our view, notice in the newspaper
would have served the purpose but for the advice like that the legal
experts are available with the State. They may pursue any course of
action, which they may intend to avail but we do not propose to show
any leniency unless the order is complied with within a reasonable time.
Learned AAG-I has consulted the secretaries present in
court and has taken the stand that the issue of payment of non-practicing
allowance on account of order dated 11-7-2007 shall be placed before
the Cabinet and decided within one month. The prime concern of the
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petitioner association is with the financial benefits and hence we
adjourn the contempt proceeding for six weeks under the belief that the
aforesaid assurance shall be carried out. It goes without saying that the
authorities will be at liberty to take decision in future in accordance with
the liberty already granted to them by order dated 11-7-2007.
Put up under the same heading on 16th August, 2011.
The personal appearance of both the secretaries is dispensed
with for the present.
( Shiva Kirti Singh, J.)
( Shivaji Pandey,J)
Naresh