IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1890 of 2004 DR.YOGENDRA SINGH Versus STATE OF BIHAR & ORS ----------- For the Petitioner : Mr. Pramod Kumar, Advocate Mr. Ritesh Kumar, Advocate For the opposite parties : Mr. Lalit Kishore, Additional Advocate General-III ----------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 25th August, 2008. This contempt application (M.J.C.) alleges non- compliance of the order dated 4th August, 2004. 2. It appears that in the very first order i.e. 20th October, 2006, the Single Judge directed that admissible subsistence allowance in accordance with the order dated 4th August, 2004 be made to the petitioner. 3. On 22nd July, 2008, when the matter came- up before us, we passed the following order: - “The grievance of the petitioner relates to non- payment of subsistence allowance despite the order of this court passed on 4th August, 2004 and further order dated 20th October, 2006 passed in this contempt petition. 2. The Commissioner – cum- Secretary, Health Department, Government of Bihar, Patna shall appear personally before this court on 8th August, 2008. It is made clear that if by that time, the due payment to the - 2 - petitioner remains unpaid, the court may be constrained to take appropriate action under the contempt jurisdiction against the Commissioner-cum- Secretary, Health Department, Government of Bihar, Patna. 3. However, if by that time, the due payment of subsistence allowance is made to the petitioner, the personal appearance of the Commissioner-cum- Secretary, Health Department, Government of Bihar, Patna shall stand dispensed with.” 4. By the counter affidavit dated 7th August, 2008 filed on behalf of the respondents, it is stated that payment of petitioner’s subsistence allowance for the period 15th December, 1995 to June, 2008 amounting to Rs.6,83,504/- has been made on 5th August, 2008 by an account payee cheque. It is stated that the said amount has been arrived at in accordance with the pay slip issued by the Personal Claim Cell of the Finance Department after deducting the amount of Income Tax, provident fund and group insurance. 5. A rejoinder has been filed by the petitioner today raising grievance with regard to calculation of the subsistence allowance. According to him after deducting the payment already made, an amount of Rs.10,33,175/- still remains to be paid. 6. We are afraid, in the contempt jurisdiction, we find no justification in sitting as an accountant and calculate the subsistence allowance payable to the petitioner. Prima facie, we accept the calculation made in Annexure-B, annexed with the counter affidavit. 7. We, accordingly, dispose of the contempt - 3 - application. However, we observe that if specific error in calculation of subsistence allowance is pointed out by the petitioner to the concerned authority, the same shall be considered in accordance with existing rules and appropriate order will be passed thereon. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-