IN THE HIGH COURT OF JUDICATURE AT PATNA MJC NO.1693 OF 2008 UMESH PRASAD, SON OF LATE BISHU PRASAD, RESIDENT OF VILLAGE BALA BIGHA, P.O. DONA, P.S. HISUA, DISTRICT NALANDA…………..PETITIONER VERSUS ADMINISTRATOR, BIHAR STATE ROAD TRANSPORT CORPORATION, PARIWAHAN BHAWAN, BIRCHAND PATEL PATH, PATNA…………………………….OPPOSITE PARTY ----------- 3. 07.10.2009 When this contempt application was taken up on 19.8.2009 it transpired from the show cause filed by the opposite party that the Administrator of the Bihar State Road Transport Corporation had already passed order on 9.5.2007 in compliance to the orders of this Court in the writ matter, i.e. more than one year prior to filing of the contempt application. Therefore, petitioner was directed to file a show cause as to why the said fact was concealed by him and this contempt application was filed and as to why he may not be saddled with exemplary cost for wasting time of this Court by filing this frivolous contempt application. Today a show cause has been filed by the petitioner in which it has been stated on oath that the said order of the Administrator of the Corporation dated 9.5.2007 was never served on petitioner prior to filing of the contempt application. - 2 - A supplementary show cause has been filed by the opposite party sworn by the Chief of Administration of the Corporation today. In the supplementary show cause it has been stated that the said order of the Administrator dated 9.5.2007 was sent to petitioner by ordinary post. Obviously, this statement has been made only to save the skin of the authority in the Corporation in the matter as there is no proof of the despatch of the said letter by ordinary post and its receipt by the addressee. Since the Administrator of the Corporation was required to dispose of the representation of the petitioner under the orders of this Court, it was incumbent upon him to order office for communication of the said order to petitioner by process which could ensure its service on the petitioner, which was not done. Since the order of this Court stands complied with, this Court does not propose to proceed in the mater of contempt. But in view of the stand of the parties, the contempt application is disposed of with cost of Rs.2000/- (Rupees two thousand) which shall be paid to the petitioner by the Administrator of the - 3 - Corporation within one month from today. It is made clear that the said amount of Rs. 2000/- shall not be debited from the account of the Corporation and shall be realized from salary of the person concerned who may be found responsible for not sending the order of the Administrator to the petitioner by reliable means to ensure its service on him. The application is disposed of with the aforesaid direction. B.T (J.N. Singh, J.)