IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1633 of 2010 Baidyanath Thakur, son of Late Jugal Thakur, resident of village Dumari, P.S. Mushari, District- Muzaffarpur. ………….. Petitioner Versus 1.The State Of Bihar 2.Dr.Arjun Prasad Singh, Civil Surgeon-cum-Chief Medical Officer, Muzaffarpur 3.Dr.Chandra Shekhar Prasad, Incharge Medical Officer, Primary Health Centre, Mushari, Muzaffarpur 4.Mr.D.S.Dhaliwal, Accountant General, Bihar, Patna 5.Dr.R.D.Rajan, Additional Chief Medical Officer, Muzaffarpur. …………. Opp.Parties ---------------------------------- 4. 19/10/2011 Petitioner’s writ application was disposed of by order dated 7.12.2009. By the said order, impugned Annexures were quashed and respondents were directed to treat the petitioner as having been given the first time bound promotion with effect from 1.4.1981 and second time bound promotion with effect from 1.4.1984 and pay all consequential benefits of the same to him. Respondents were also directed to fix up the pension of the petitioner in the light of the directions and issue orders for payment of the same also. It was further directed that the amount of Rs.1,09,676.80 paise, adjusted from pensionary benefits of the petitioner must be refunded to him. All 2 these calculations, fixation and refund had to be done within three months from the date of receipt/production of a copy of the order. It was also directed that in case order was not complied with within the said time limit, i.e. three months, respondents were to pay interest of 10%, annually compoundable, on the due amount from the next date of expiry of three months. Said order was admittedly produced by the petitioner before the Civil Surgeon along with his application dated 2.1.2010 as it is apparent from Annexure-3 that the same was forwarded to the Incharge Civil Surgeon on 6.1.2010. Even calculating from the date of forwarding of the letter i.e. 6.1.2010, three months expired on 6.4.2010. The order having not been complied with, this contempt application was filed on 15.4.2010 with service of two copies of the same in the office of learned Advocate General. Matter was taken up on 11.8.2010 and opposite parties were allowed four weeks time to file their show cause. It appears that thereafter opposite parties woke up from slumber and admittedly first instalment of dues, in 3 compliance of the order was paid in October, 2010. Final payment of the dues of the petitioner in terms of the directions of this Court have been made admittedly in October, 2011. Compliance having not been fully made, this Court by order dated 8.9.2011 had initiated a proceeding of contempt. After initiation of the contempt proceeding, admittedly final payment has been made. Thus, it is apparent that only under the fear of being punished, opposite parties have finally acted upon and complied the orders of this Court. Apparently, due to lethargy and inaction on the part of the opposite parties, petitioner was compelled to file this contempt application and an amount of 10% as interest had to be paid to the petitioner from the Government exchequer. Since the order has now been complied with fully, this Court does not consider it appropriate to pass any punishment order against the opposite parties. Apology tendered is therefore accepted. However, on account of petitioner being 4 compelled to move this Court in contempt and pursue the application for more than a year and in view of the fact that only after contempt proceeding was initiated, final payment has been made to the petitioner, this Court directs the Director-in-Chief, Health Services to pay a cost of Rs.10,000/- to the petitioner within four weeks from today. The said amount shall not be debited from the public exchequer and the Director- in-Chief shall be obliged to hold an enquiry and ascertain as to which officer or officers were responsible for delay in compliance of the orders. After identifying them, he shall issue notice to them and shall consider their reply, if any, and shall realize the amount of cost from their salary in the proportion of delay found caused by them. The Director-in-Chief shall also realize the amount of interest paid to the petitioner from their salary in the same proportion. In case, the Director-in-Chief does not complete the exercise and realize the amount from the salary of the concerned officers within three months, entire amount of cost and interest shall be borne by the 5 Director-in-Chief from his own salary, on the Principles of Vicarious Liability. The contempt application is disposed of with the aforesaid observations and directions. Pradeep/ ( J. N. Singh,J.)