IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.199 of 2007 V.JAYASHANKAR S/o Late Sri E.S.Vekatraman. present residing at A1/282 (Ground Floor), Safdarjang Enclave, New Delhi.-- --Appellant. Versus 1.DEO KRISHNA JHA son of late Rama Kant Jha, R/O village Lagma, P.O.Lagma, P.s.Maniganchi Saketpur, Dist-Darbhanga 1. State of Bihar 2. Sri B.B.Pandey, Deputy Secretary to the Govt. cum Chief Vigilance Officer, Water resources Department, Patna 3. Mr. Brighunath Upadhyaya, Engineer-in-chief-cum- special Secretary, Water Resources Department, Patna, 4. Bageshwar Singh, Chief Engineer, Samagra Yogna Biscoman Bhawan, Gandhi Maidan, Seventh Floor, Patna 5. Mr.Arjun Das, Deputy Secretary, water Resources Department, Bihar, Patna.-- -Respondents. ----------- For the appellant : Mr. Prashant Kumar Shahi, Advocate General with Mr. A. Amanullah, SC-17 For the respondent no.1 : Mr. Chittaranjan Sinha, Senior Advocate. ----- 14. 08.7.2009. Heard learned counsel for the parties. This appeal under section 19 of the Contempt of Courts Act, 1971, has been filed with respect to the order dated 27.9.2006, passed by a learned Single Judge of this court in M.J.C.No.534 of 2005 (Deo Krishna Jha vs. The State of Bihar and others), whereby a cost of Rs.25,000/ has been directed to be deposited with the Bihar State Legal Aid Society within a period of three weeks from the date of the order for disobedience of the order of this court passed in C.W.J.C.No.6111 of 1999, read with the order dated 9.11.2005, passed in 2 L.P.A.No.1251 of 2005. The appellant was at the relevant time posted as Secretary, Department of Water Resources, Govt. of Bihar. The writ petitioner was posted as a Junior Engineer and was dismissed from service. He challenged the same by preferring C.W.J.C.No.6111 of 1999, which was allowed and the order of his dismissal from service was set aside with a clear direction to reinstate him with all consequential benefits. The State of Bihar preferred L.P.A No.1251 of 2005 against the said order, whereby the appeal was disposed of with the liberty to the authorities to initiate a fresh departmental proceeding against the writ petitioner (respondent no.1 herein). The order of the writ petition remained untouched as a result of which the authorities were directed to re-instate him in service with all consequential benefits, with the liberty to initiate fresh departmental proceedings. In view of the order on appeal, a fresh departmental proceeding was initiated against the writ petitioner (respondent no.1), and the inquiry report completely exonerated him from the charges. The writ petitioner was reinstated, but was not paid the dues leading to M.J.C.No.534 of 2005, alleging non-compliance of the Court’s order. The same was disposed of by order dated 27.9.2006, 3 whereby this court, taking a lenient view of the matter, did not initiate contempt proceedings against the present appellant and others, and remained content by imposing cost of Rs.25,000-, and the respondent authorities were directed to establish the accountability. Learned Advocate General appearing for the appellant submits that the appellant has already superannuated from service with effect from 30.6.2009, therefore, a lenient view may be taken. The appellant may be permitted to deposit the cost of Rs.25000/- (Rupees twenty five thousand) from his personal pocket which he shall not recover from anybody including the State Government, and the inquiry contemplated by the order in question may be dispensed with, and the adverse observations against the appellant may be expunged. Learned counsel for respondent no.1 has no objection to the same. In view of the stand taken by the parties, the order dated 27.9.2006, passed in M.J.C.No.534 of 2005, is hereby modified. The appellant shall deposit a sum of Rs.25,000/ from his personal pocket with the High Court Legal Services Committee, Patna, within a period of two weeks from today. He shall not seek to recover the same from anybody including the State Government. The 4 inquiry contemplated by the order of the learned Single Judge is dispense with and the adverse observations with respect to the appellant is hereby expunged. The appellant shall also pay a sum of Rs.10,000/- (Rupees ten thousand) to respondent no.1 by means of a Demand Draft on any nationalized Bank at Patna within a period of two weeks from today which shall be handed over to the learned counsel for respondent no.1 in the present proceeding, by way of cost of this litigation. The appeal is accordingly disposed off with the aforesaid observations. ahk (S.K.Katriar,J.) (Jyoti Saran,J.)