IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3475 of 2011 ============================================= Surya Nath Pathak .... .... Petitioner/s Versus The State Of Bihar & Ors .... .... Respondent/s ============================================= Appearance : For the Petitioner/s : Mr. Prabhu Nath Pathak For the Respondent/s : Mr. P.K. Verma Aag5 ============================================= 3 23-11-2011 Heard learned counsel for the petitioner and the opposite parties. It is submitted that the order of punishment was quashed and yet arrears of the pensionary benefits remain elusive. Learned counsel for the State submits that the order of the Court is primarily based on the issue of disparity in punishment. For that reason the Court quashed the impugned order, but without prejudice to the rights of the respondents. The understanding of the opposite parties is that the Court did grant the opportunity to pass a fresh order to justify a disparity in punishment with the co- delinquent on basis of which the cause of action by the petitioner was founded. The opposite parties have passed a fresh order on 17.3.2011. The Court has been taken through paragraph-5 of the same. Suffice it to state that the discussion contained therein with regard to the difference between the duty/responsibility of the petitioner and the co-delinquent is 2 a matter which cannot be examined in the contempt jurisdiction. If so advised, the petitioner may pursue his remedies appropriately. The contempt application stands disposed. Krishna Chandra Jha/- (Navin Sinha, J)