IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.8 of 2011 Ram Bachan Prasad, son of Late Ram Sewak Ram, resident of village Rampur, P.S. Phulwarisharif, District- Patna. …………… Petitioner Versus 1.The State Of Bihar 2.Mr.Bishwamohan Pd.Singh, Joint Secretary, Department of Health, Bihar, Patna 3.Smt.Indu Mishra, Principal, Government Ayurvedic College, Patna. …………… Opp.Parties. ---------------------------------- For the Petitioner : Mr.Shiv Kumar, Adv. For the State : Mr.Satish Kr.Sinha,A.C. to S.C.1. For Opp.Party No.3 : Mr.Sanjeev Kumar Mishra, Adv. ----------------------------------- 5. 20/10/2011 By order dated 1.10.2010, writ application of the petitioner, namely, C.W.J.C.No.8857 of 2009 was allowed with a direction to the respondents to accept his joining in Government Ayurvedic College, Patna and pay his salary of the entire period irrespective of the fact that he had not actually performed his duties. Petitioner produced the said order before the Principal of the College on 12.10.2010. It is submitted that the Principal of the College requested for guidelines from the Department by his letter dated 27.10.2010. His joining having not been accepted, petitioner filed this contempt application on 3.1.2011. 2 A show cause filed today on behalf of the Under Secretary of the Department shows that the file was processed and order of posting of the petitioner was issued on 28.1.2011 pursuant to which admittedly petitioner joined his duty. Thereafter, it is stated in the show cause that, the file was processed for payment of salary of the petitioner at different levels and final order, as contained in Annexure-B, was passed on 30.9.2011 for payment of his entire salary as directed by this Court. Pursuant to the same, petitioner has been paid salary of the entire period by order dated 30.9.2011. The delay in issuing orders for posting of the petitioner and payment of salary has been explained in the show cause by stating that the file was processed at different levels in the Department and in the meanwhile Joint Secretary superannuated in May, 2011. Hence, there was some delay in issuing orders for payment of salary which has been issued as aforesaid. This contempt application was taken up on 9.2.2011 and this Court granted four weeks time to the opposite parties to file 3 their show cause. Show cause was not filed. Hence, by order dated 8.9.2011 a proceeding of contempt was initiated against opposite party no.2 and 3, pursuant to which they have filed their show cause. The Under Secretary of the Department and the Principal of the College are present in Court. Though there is some delay in processing the claim of the petitioner in compliance to the orders of this Court, but taking into account the fact that this Court had not fixed up any time limit for compliance of the order, this Court does not consider it appropriate to proceed with the contempt any further. As such the show cause filed by the opposite parties is accepted. Rule of contempt is discharged and this application is disposed of. Pradeep/ ( J. N. Singh,J.)