IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1199 of 2008 Kishori Lal Versus The State Of Bihar & Anr ----------- 6. 29.06.2011 Heard learned Counsel for the petitioner and the learned Counsel for the Opposite parties. A supplementary show cause has been filed on behalf of Opposite party no. 2, the Commissioner cum Secretary, Water Resources Department, Government of Bihar. It states at Para 2 that the necessary procedural steps for payment of 9% simple interest on the post retrial benefits of the petitioner in between 14.12.2007 and 22.2.2011 has been sanctioned by the competent authority and forwarded to the Accountant General to issue authority slip. Learned Counsel for the petitioner submits that it shall not tantamount to compliance. This Court had directed the opposite parties to make payment and not to take procedural steps for payment. The petitioner is 79 years of age and it is not possible for him to run around in his advanced age. The procedural formalities can be no defence in contempt proceeding. The order on the writ petition was passed on 14.12.2007. No time for compliance was indicated. A copy of the order was served on the opposite parties on 12.2.2008. If no time was indicated the order was required to be complied with within a reasonable time. Forwarding of the papers to the office of the Accountant General by the opposite parties on 27.6.2011 was certainly not compliance within reasonable time amounting to contempt. However in stead of initiating contempt proceeding when procedural steps have been taken for compliance the Court considers the statement made in Para 2 of the show cause as solemn assurance and undertaking by the opposite parties to this Court on oath in judicial proceeding to fulfill his obligations. The assurance coming from a senior government functionary, the Court at this stage has no reason to doubt. Should it turn out to be untrue, serious consequences may issue for opposite party no. 2. Keeping the advanced age of the petitioner, the petitioner cannot be expected to run around which in any event is not his obligation also in terms of the order of the writ Court. Let the interest for the period aforesaid be now actually paid to the petitioner by opposite party no. 2 within a maximum period of four weeks from the date of receipt and/or production of a copy of this order before the opposite party no. 2. Counsel for the Accountant General who is present in Court submits that all expeditious steps shall be taken no sooner that all the relevant information is furnished by the opposite party no. 2, if not already furnished. The contempt proceeding stands disposed. Snkumar/- (Navin Sinha,J.)