IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3937 of 2011 Ram Dular Sharma Versus The State Of Bihar & Ors ----------- 2 13.09.2011 Heard learned counsels for the petitioner and the State. This application has been filed alleging disobedience of the order dated 30th November, 2004 passed in CWJC No. 3807 of 2004 as contained in Annexure-1. This Court while disposing of the aforesaid writ application observed “it does not appear to be a case that liability has been determined without any basis or without any enquiry”. In the aforesaid writ application petitioner had assailed the direction issued by the authority with respect to recovery of a sum of Rs. 8,58,619.11 from the petitioner. This Court further observed that in case petitioner makes a representation before the authority concerned the same would be considered and disposed of in accordance with law. Petitioner filed a representation dated 21st February, 2005 as contained in Annexure-2. It is submitted that no order has been passed and the authorities have initiated a proceeding against the petitioner. Mr. Din Bandhu Singh, learned Government Advocate appearing for the State submits that on perusal of Annexure-4 it would appear that the department has issued the office order vide memo no. 549 dated 10th September, 2005 whereby the direction for recovery of money from the salary of the petitioner was stopped with immediate effect. It is accordingly submitted that this contempt application need not proceed further. Mr. Manmohan, learned counsel appearing for the petitioner submits that the petitioner is going to retire very shortly in the month of January, 2012 and the department has not concluded the proceeding. Considering the submissions of the parties, it appears that this contempt application has been filed on 5th September, 2011 alleging disobedience of the order dated 30th November, 2004 passed in CWJC No. 3807 of 2004 without stating any reason for such delayed filing. Moreover, as submitted on behalf of the State, the office order contained in Annexure-4 it would appear that the recovery has been stopped. In view of the above, I am not inclined to proceed further in the matter. The MJC application accordingly stands disposed of. Manish/- ( Shailesh Kumar Sinha,J.)