IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.8 of 2011
Ram Bachan Prasad, son of Late Ram Sewak Ram,
resident of village Rampur, P.S. Phulwarisharif,
District- Patna.
............... Petitioner
Versus
1.The State Of Bihar
2.Mr.Bishwamohan Pd.Singh, Joint Secretary,
Department of Health, Bihar, Patna
3.Smt.Indu Mishra, Principal, Government Ayurvedic
College, Patna.
............... Opp.Parties.
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For the Petitioner : Mr.Shiv Kumar, Adv.
For the State : Mr.Satish Kr.Sinha,A.C. to S.C.1.
For Opp.Party No.3 : Mr.Sanjeev Kumar Mishra, Adv.
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5. 20/10/2011 By order dated 1.10.2010, writ
application of the petitioner, namely,
C.W.J.C.No.8857 of 2009 was allowed with a
direction to the respondents to accept his
joining in Government Ayurvedic College,
Patna and pay his salary of the entire
period irrespective of the fact that he had
not actually performed his duties.
Petitioner produced the said order before
the Principal of the College on 12.10.2010.
It is submitted that the Principal of the
College requested for guidelines from the
Department by his letter dated 27.10.2010.
His joining having not been accepted,
petitioner filed this contempt application
on 3.1.2011.
2
A show cause filed today on behalf of
the Under Secretary of the Department shows
that the file was processed and order of
posting of the petitioner was issued on
28.1.2011 pursuant to which admittedly
petitioner joined his duty. Thereafter, it
is stated in the show cause that, the file
was processed for payment of salary of the
petitioner at different levels and final
order, as contained in Annexure-B, was
passed on 30.9.2011 for payment of his
entire salary as directed by this Court.
Pursuant to the same, petitioner has been
paid salary of the entire period by order
dated 30.9.2011. The delay in issuing orders
for posting of the petitioner and payment of
salary has been explained in the show cause
by stating that the file was processed at
different levels in the Department and in
the meanwhile Joint Secretary superannuated
in May, 2011. Hence, there was some delay in
issuing orders for payment of salary which
has been issued as aforesaid.
This contempt application was taken up
on 9.2.2011 and this Court granted four
weeks time to the opposite parties to file
3
their show cause. Show cause was not filed.
Hence, by order dated 8.9.2011 a proceeding
of contempt was initiated against opposite
party no.2 and 3, pursuant to which they
have filed their show cause. The Under
Secretary of the Department and the
Principal of the College are present in
Court. Though there is some delay in
processing the claim of the petitioner in
compliance to the orders of this Court, but
taking into account the fact that this Court
had not fixed up any time limit for
compliance of the order, this Court does not
consider it appropriate to proceed with the
contempt any further. As such the show cause
filed by the opposite parties is accepted.
Rule of contempt is discharged and this
application is disposed of.
Pradeep/ ( J. N. Singh,J.)