IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1278 of 2007 SURENDRA SINGH son of Shri Shyam Bihari Singh Resident of village Samahuta P.O.Udaypur, P.S. Sanjhauli, Dist. Rohtas,Bihar-----------petitioner Versus 1.The State of Bihar 2.Ajay Kumar, Secretary, Department of Science and Technology, Govt. of Bihar, Patna 3.Satish Narayan Joint Secretary,Department of Science and Technology, Govt. of Bihar, Patna 4.Navin Kumar Secretary, Department of Finance, Govt. of Bihar, Patna 5.Shri J.L.Rai, Principal in charge Rajkiya Politecnic Bhagalpur 6.Shri Dhruv Prasad, Director, Department of Science and Technology, Govt. of Bihar, Patna----------------------------------opp.parties ----------- 3. 12.8.2009 No one appears for the petitioner. Heard learned A.A.G.XI on behalf of the opposite parties. The direction of this Court was to pay the salaries and all other admitted dues of the petitioners of the various writ petitions in which a common order was passed, including the case of the present petitioner. In the show cause filed on behalf of opposite party no.5, the Principal Incharge, Rajkiya Polytechnic, Bhagalpur it is stated that the petitioner has already been paid his dues on 4.10.2007 which is evident from the letter No.1069 dated 8.10.2007 sent by the Principal Incharge, Rajkiya Polytechnic, Bhagalpur to the Director, Science and Technology (Annexure-C). 2 In the above circumstances, the order under contempt appears to have been complied with. The contempt application is, accordingly, dismissed. On 6.8.2009 this Court directed the Section Officer and the dealing Assistant concerned to file their respective show causes as to why appropriate proceedings be not instituted against them for repeated default in carrying out their official functions leading to obstruction in the administration of justice. Show causes have been filed by the Section Officer and the dealing Assistant. On a perusal of the said show causes it is evident that nothing more than lame excuses have been stated therein justifying the inaction on the part of the said employees in the matter of placing on the record the show causes filed in the contempt applications in some cases. One of the excuses given is that the contempt matters are being listed in almost all the Courts as tied up matters and therefore they are unable to place the show cause on the record of the concerned case. The said reason has no legs to stand upon. The daily cause list of the Court is being printed on regular basis mentioning all the cases 3 and it is not at all difficult for the concerned dealing Assistant and Section Officer to find out as to what cases are listed on day-to-day basis and, if necessary, to ensure that the show causes are immediately placed in the file of the said case through the concerned Court Master. Moreover, so far as the present Bench is concerned it is the residuary Bench dealing with all MJC matters in which orders have been passed by the Hon’ble Judges who are not available as Judges of this Court at present. The statements that the cases are suddenly listed has no meaning when the entire cause list of M.J.C. cases of this Bench has been rearranged chronologically about a month ago and they have been running on the list for several weeks or months; thus there can be no occasion for the Section Officer and the dealing Assistant to keep the show causes on their table or in their almirahs and not immediately place them in the concerned file. The statement that several files have not been sent back by the List Section and it gets them listed suddenly, is also not correct as the cases remain listed for several weeks before they are taken up and they are not taken up suddenly. 4 Similarly the show cause of the concerned dealing Assistant, Sri Pramod Kumar No.II also appears to be a mere lame excuse. The statement that the concerned case was printed with serial number and detailed listing was done only on 6.8.2009 cannot be considered as a valid reason since the detailed listing is being done from time to time and was done with the said list also within about one month period when every such matter was listed, that too chronologically, and in this case instead of placing the show cause on the record the same has been sent at his own leisure and pleasure only after it was called for by the Court. The show causes filed by the Section Officer and the dealing Assistant are accordingly rejected. However, taking a lenient view on account of the apology tendered by them and the undertaking given not to repeat the same in future, no further action is being taken against them and the matter is being closed with a warning to them to be careful in future. (Ramesh Kumar Datta.J.) spal