IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2144 of 2005 KAUSHAL KISHORE SHARMA Versus STATE OF BIHAR & ORS. ----------- For the petitioner: Mr. Baidyanath Thakur For the respondent nos. 1 & 2 : Mr. Chandra Shekhar Singh JC to GA VII P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 30th July, 2008 We heard the counsel for the parties. 2. The petitioner filed the writ petition before this court praying therein that a direction be issued to the respondents to pay his due salary for the period August 2001 to February 2003. 3. The said writ petition (CWJC. No.1296 of 2004) was disposed of on 16th March, 2005 by the following order: “Considering the facts and circumstances of the case and for the reasons afore-mentioned, this writ application is allowed. Respondent no.2, is directed to pay the due salary to the petitioner with effect from August, 2001 to February, 2003 forthwith, but not later than a period of six weeks from today.” 4. By this contempt application (MJC), the petitioner has raised the grievance that the order dated 16th March, 2005 has not been complied with by the respondents deliberately. 5. In response to the contempt application, cause has been 2 shown by the opposite party no.2, wherein the following statements have been made: “That the order passed by the Hon’ble Court dated 16.3.05 communicated vide Hon’ble Court Memo no.3515 dated 7.4.05 was received in office on 16.4.05. After receiving orders leave was calculated as he was absent for 575 days from his duty without prior sanctioning of leave. Hence due salary as per vide D.O.No.102/05 was calculated which was Rs.112883.00 and sent to S. P. Bhagalpur for payment vide A.S. No.4 dated 20.8.05.” 6. It, thus, transpires that due salary for the concerned period has been calculated at Rs.1,12,882.00 and payment thereof has been made to the petitioner. 7. We are afraid, by no stretch of imagination in the back drop of the afore - stated facts, it can be said that there is deliberate or intentional defiance of the order dated 16th March, 2005. 8. MJC is dismissed, accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-