IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1055 of 2008 ARUN KUMAR . Versus THE STATE OF BIHAR & ORS . ----------- Counsel for the petitioner : Mr. Ramakant Sharma Mr. Laxmi Kant Sharma (Sr. Advocates) Mr. Narendra Kumar Singh, Advocate Counsel for the state: Mrs. Nilu Agarwal (G.A.-10) Counsel for O.P. No. 2: Mr. Rajesh Kumar Sinha. 6. 11.01.2010 As per direction of this court dated 18.12.2009, the Director-in-chief, Health Services as well as the Assistant Director, Health Services (Filaria Control), State of Bihar is present. Mrs. Nilu Agarwal, representing the contemnors has presented a cheque amounting to Rs 3,28,762/- (Three lacs twenty eight thousand seven hundred and sixty two) only, i.e. the subsistence allowance payable to the petitioner which had illegally been deducted by the opposite parties by orders of Assistant Director, Health Services (Filaria Control), in clear violation of the direction of this court. In the writ application, there was clear direction to the respondents to proceed with the Departmental Proceeding against the petitioner from the stage of second show caused notice, only after payment of subsistence allowance. However, the Departmental Proceeding was initiated even without payment of subsistence allowance and final punishment order has been passed. The Director-in-chief, Health Services has conveyed to the court that for proper and full compliance of the direction of this court, the opposite party is ready to recall the final order passed in 2 the Departmental Proceeding. Since the subsistence allowance has been paid today to the petitioner through cheque, the opposite parties will re-initiate the Departmental Proceeding from the stage of second show cause notice to the petitioner and will pass final order in the Departmental Proceeding. Considering the development and the stand of the opposite parties, I find that the direction of this court has been complied with half way and the opposite parties are ready to comply with the part of the direction. Accordingly, the Contempt Proceeding is dropped. The cheque, amounting to Rs 3,28,762/- (three lacs twenty eight thousand seven hundred and sixty two only) is handed over to Mr. Laxmi Kant Sharma, counsel appearing for the petitioner for being handed over it to the petitioner. He will file receipt showing its acceptance by the petitioner. However, in case the part of the order which is still under way for compliance, is not properly complied with, by the opposite parties, the petitioner will have liberty for filing the application for revival of this Contempt Application. Personal Appearance of opposite parties (Director-in- chief, Health Services and Assistant Director (Filaria Control), Govt of Bihar is dispensed with. AKV/ (Mridula Mishra, J.)