IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3249 of 2011 Md. Tajuddin Versus The State Of Bihar & Ors ---------------------------------- 3. 21.12.2011 Heard learned counsel for the petitioner and the opposite parties. The direction was to consider his representation for arrears of salary. The show cause on behalf of the opposite party no. 2, the Civil Surgeon-cum-Medical Officer, Gaya states at Paragraph-5 that the arrears of the petitioner had been sanctioned vide Memo No. 3239 dated 14.11.2011 and sent to the Incharge Primary Health Centre, Atari, Gaya for payment. Paragraqph-6 states that the pay bill for the entire arrears of salary of the petitioner had been sent to the Treasury, Gaya for payment. Counsel for the petitioner submits that actual fiscal payment is still to be received. If the actual fiscal payment has not been made to the petitioner, the statements made by the Civil Surgeon, Gaya tantamount to an undertaking given by him to the Court on oath in a contempt proceeding of a solemn assurance for compliance of the order. The Court at this stage has no reason to 2 doubt the assurance and undertaking of the Civil Surgeon and disposes the contempt application with an observation that if the payment has not been made, the Civil Surgeon shall himself ensure that it is actually and fiscally paid to the petitioner within a maximum period of four weeks from the date of receipt/production of a copy of this order before him failing which serious issues may arise with regard to his conduct and assurance made in a contempt proceeding. The application stands disposed. P. Kumar ( Navin Sinha, J.)