IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.695 of 2010 1. ASHOK KUMAR RAM S/O GHAN SHYAM RAM R/O VILL AND POST OFFICE- BALGUDAR, P.S & DISTT- LAKHISARAI Versus 1. THE STATE OF BIHAR 2. MR. PRAN MOHAN THAKUR, THE COMMISSIONER, MUNGER DIVISION, MUNGER 3. DR.MANISH KUMAR THE DISTRICT MAGISTRATE, LAKHISARAI, DISTT- LAKHISARAI 4. MR. SANJAY KUMAR THE DEPUTY COLLECTOR, LAND REFORMS LAKHISARAI, DISTT- LAKHISARAI ----------- 03. 12.01.2011 The petitioner came to this Court in C.W.J.C. No. 12828 of 2009 with a claim for arrears of salary which was allowed along with 5% interest in the manner directed. A show cause has been filed on behalf of the Collector, Lakhisarai. It states in no uncertain terms that the order of the Court cannot be complied with because of paucity of funds and for which requisition had been sent to the State Government for release under the proper head. The show cause of the Collector is grossly contemptuous. Official formalities required to be done are no defence in a contempt proceedings. The Court was inclined to initiate contempt proceedings by directing the presence of the Collector for framing of charges, but refrains from doing so. The Court expects that better wisdom shall prevail upon the Government functionary for the stand to be taken in a contempt proceeding. The matter is referred to the Chief Secretary of 2 the State of Bihar who is expected to ensure complete compliance with the order of the writ Court in light of the stand taken by the Collector with 10 days from the date that this order is produced before him. The Court hopes, trusts and expects that there shall be no any occasion for the Court to take up this matter further as in that event, matters may assume serious dimensions. If payment has already been made nothing further is required to be done. The contempt proceeding stands disposed. P.K ( Navin Sinha, J.)