IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3246 of 2010 KAMESHWAR PRASAD SINGH . Versus STATE OF BIHAR & ANR. . ----------- 2/ 16/03/2011 Heard learned counsel for the petitioner and the Opposite Party No.2. A show cause is stated to have been filed on 28.10.2010 which is not available on record. The Court requested learned counsel for the State to make available his copy for perusal so as to dispose the matter today, if possible. Let the registry trace it out and place on record. Let a copy of the show cause be kept on record. The direction in the writ petition was for payment of salary for the period that the petitioner was kept waiting for posting within a maximum period of four weeks from the date of receipt/production of a copy of the order. The petitioner states that he produced a copy of the order before Opposite Party No.2 on 24.9.2009. The order was therefore required to be complied with latest by 24.10.2009. The show cause on behalf of Opposite Party No.2, the Principal Secretary, Department of Labour at paragraph-5 states that a communication 2 had been sent on 31.3.2009 to the Accountant General, Jharkhand with copies to the others concerned on 30.3.2009. The petitioner has been held entitled to the arrears of salary from 4.9.1997 to 2.2.2000. This is a period prior to the re-organization of the State. The direction on the writ petition was for payment of the salary and not for appropriate consideration and issuance of directions by the concerned authority. The procedural formalities that may have been required were the responsibilities of Opposite Party No.2 and not that of the petitioner, unless his cooperation was required at any stage which the petitioner was refusing to do. Presently no such case has been made out in the show cause. Compliance with procedural formalities is never a defence in a contempt proceeding. The Court is therefore satisfied that the order of the Court remains uncomplied, but it refrains from initiating any contempt against Opposite Party No.2. On the contrary, it takes the statements in paragraph 5 of the show cause as a solemn assurance by the Opposite Party No.2 to take all necessary steps that the actual payment is physically made to the petitioner within a maximum 3 period of two months from the date of receipt/production of a copy of this order. If this faith that the Court puts in Opposite Party No.2 is belied by him, matters may become different. The application stands disposed. KC ( Navin Sinha, J.)