IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.954 of 2003 KANHAIYA JEE JHA Versus STATE OF BIHAR & ANR ----------- For the Petitioner : Mr. A. Amanullah & Mr. M. K. Pathak For the Respondents: M/S. Rabindra Kr. Choubey, G.P. VII, P. K. Choudhary & Mina Kumari ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 7th July, 2008. We heard counsel for the parties. In the order dated 16.1.2003 of which disobedience is alleged, it was directed that the Director, Health Services, E.S.I. Scheme, Government of Bihar shall look into the petitioner’s claim concerning non payment of his salary since September, 2001. Show cause in response to the notice in this M.J.C. application has been filed by respondent no. 2, namely, the Director, Health Services, E.S.I. Scheme, Government of Bihar on 4.5.2006 and it is stated therein that the representation made by the petitioner has been sent to the Commissioner and Secretary, Health Department, Government of Bihar as the repatriation order already came to be issued on 10.10.2001. It transpires that by order dated 10.10.2001 the services of the petitioner have been repatriated to his parent department. It further transpires that in the writ petition filed by the petitioner - 2 - (C.W.J.C. No. 14300 of 2002) an interim order came to be passed directing the respondents not to take any coercive measure against the petitioner or to compel him to join his parent department. By the interim order dated 20.12.2001, it cannot be inferred that operation of the order dated 10.10.2001, repatriating the petitioner to his parent department, was stayed. For what we have noticed above, we are satisfied that nothing further needs to be done in this contempt petition. Further, we observe that if despite the order dated 10.10.2001, whereby the petitioner has been repatriated to his parent department and by virtue of the interim order dated 20.12.2001, if the petitioner continued to discharge his duties as Insurance Medical Officer at E.S.I. Hospital, for the period he continued to discharge his such duties, he is entitled to his salary. On the other hand, if after 10.10.2001, the petitioner did not discharge any duty as Insurance Medical Officer, he will not be entitled to any salary for the said period. The M.J.C. stands disposed of. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-