IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2333 of 2009 HEM CHANDRA JHA Versus THE STATE OF BIHAR & ORS ----------- 4. 28.7.2010 Heard learned counsel for the petitioner and for Opposite Party No. 2 who is present in person. Two show cause have been filed on behalf of the opposite party. The first takes the defence of the need for compliance with procedural formalities before the order of this Court dated 18.5.2009 can be implemented. Faced with the predicament that it was no defence in a contempt proceeding, the second show cause notice tenders apology stating that the joining of the petitioner shall be accepted immediately upon return to office by 30.7.2010. There is no other explanation for non-compliance of the order of the Court. Though, this Court is satisfied that the opposite party no. 2 willfully flouted the order of this Court and is required to be proceeded with in contempt jurisdiction, now that the order has been undertaken to be complied with, this Court is not persuaded to proceed against him in the contempt jurisdiction. 2 The order on the writ petition dated 18.5.2009 is stated in the contempt petition to have been refused acceptance by the opposite party no. 2 which was then sent to him by speed post. This averment in Paragraph-6 of the application has not been denied in both the show cause. The contempt application was filed on 30.7.2009 after serving two copies in the office of the Advocate General. The second show cause was for the benefit for the opposite party no. 2 to facilitate filing of a show cause and expeditious disposal of matters by this Court. On 13.5.2010, this Court again granted time for filing a show cause. On 21.7.2010 counsel for the State submitted that he had received no instruction. This Court directed personal appearance of opposite party no. 2 to show cause why proceeding in contempt be not drawn up not only for flouting the order of this Court but also for hindering course of justice by not filing a show cause. There is no explanation worth the name in the two show cause on the latter aspect of the matter. This Court, therefore, considers the present a fit case for imposition of costs of Rs. 5,000/- on the opposite party no. 2 in person to be 3 deposited by him within two weeks before the Bihar State Legal Services Authority and proof in acknowledgement of deposit be filed before this Court within the same period. The application stands disposed on the undertaking of the opposite party no. 2 to accept the joining of the petitioner who is directed to present himself for the purpose on or before 30th of July 2010 before the opposite party no. 2. This order has been passed in presence of the opposite party no. 2, when it is expected that he shall not make any demand for certified copy of the present order before accepting the joining. The application stands disposed. P. Kumar ( Navin Sinha, J.)