IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3354 of 2008 Baijnath Prasad, son of Late Jagan Ram, Resident of Mohalla- A.G. Colony (Kautilya Nagar), Police Station- Shastrinagar, district- Patna. ...Petitioner. Versus 1. The Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna, through its Managing Director, Dr. Rana Awadhesh. 2. Dr. Rana Awadhesh, Managing Director, the Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna. 3. Smt. Bimla Prasad, Chief Administrator, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna. 4. Bipin Kumar Sinha, Chief of Claim, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna. 5. Suresh Kumar Sahay, Chief of Finance Officer, Bihar State Food and Civil Supply Corporation Ltd., Sone Bhawan, Birchand Patel Path, Patna. 6. Nirmal Kumar Rai, District Manager Gaya, Bihar State Food and Civil Supply Corporation Ltd., Gaya (Collectorate Campus Gaya), District Gaya. 7. State of Bihar through the Commissioner cum Secretary, Food and Civil Supply, Government of Bihar, Patna. ... Opposite parties. ----------- 03- 5.10.2009 Heard Mr. Ram Naresh Sharma for the petitioner, and Mr. Rama Shankar Pradhan for the opposite parties. This application under Article 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Courts Act has been filed by the appellant of L.P.A. No.402 of 2008 (Baijnath Prasad Vs. The State of Bihar and others), for the alleged 2 non-compliance of the following portion of the order: “(i) The respondent nos.2 to 7 shall pay to the appellant, within four weeks from the date of receipt of this order, the amount recovered/deducted from his retiral dues, subject to the appellant giving an undertaking to the Corporation that in the event of the ultimate adverse result in the inquiry that the financial benefits were received by him on the basis of his misrepresentation, the amount shall be restituted to the Corporation within four weeks from the date of such decision.” 2. The Corporation has placed on record its show-cause, wherein the following statement has been made: “7. That it is further submitted that the District Manager, Gaya, vide his letter bearing no.82 dated 19.01.2009 has intimated that in compliance of the orders and directions of this Hon’ble Court, two cheques bearing no.177498 dated 14.01.2009 for an amount of Rs.82,601/- and the another cheque bearing no.177457 dated 14.01.2009 for an amount of Rs.25,261/- have been handed over to the petitioner who has received the same on 19.01.2009 and has given an undertaking also. A photo copy of the letter dated 19.01.2009 along with receipt by the petitioner is annexed herewith and is marked as Annexure-A to this show cause petition.” It thus appears that the order passed in the appeal directing the Corporation to 3 refund the amount recovered from the petitioner has been returned to him. It thus appears to us that the order has been complied with. We would, therefore, not like to pursue this matter any further. 3. This application is accordingly disposed of. (S K Katriar, J.) (Kishore K. Mandal, J.) S.K.Pathak/