IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.3155 of 2011 Rabindra Kumar Choudhary son of Sri Kamaldeo Choudhary, resident of Mohalla-Sri Krishna Nagar, P.S and District-Begusarai, at present partner of Eleco Construction Company having its office at Sri Krishna Nagar, Begusarai…………………………..Petitioner. Versus 1. Sri Satya Prakash Trivedi, Divisional Railway Manager, East Central Railway, Samastipur. 2. The Union of India through the Secretary, Ministry of Railway, New Delhi…………………………………………...Opposite parties. For the petitioner : Mr. Ashok Kr. Mishra, Advocate. For the opposite parties : Mr. Bijay Kr. Sinha, Advocate. ---------------------------------- 07/ 07.12.2011 Heard learned counsel for the petitioner and learned counsel for the opposite parties. 2. This petition has been filed by the petitioner for initiating a proceeding of contempt against the opposite parties for willful disobedience of order of this court dated 01.04.2011 passed in C.W.J.C. No.3250 of 2011 which was disposed of with the following observations/directions :- “Considering the facts and circumstances of the case, this writ petition is disposed of with a liberty to the petitioner to move before the Divisional Manager, East Central Railway, Samastipur (respondent no.1). If such an application is filed by the petitioner before the said authority within 15 days from today along with a copy of this order and all relevant papers, the said authority shall decide the same by a speaking order within two months thereafter. If any such amount or interest thereupon is found admitted and payable to the petitioner it should be paid to the petitioner immediately thereafter. However, if any amount or interest thereon is not found payable by the said authority, he must pass a speaking order against which the petitioner will be at liberty to approach the appropriate forum.” 3. A show-cause has been filed on behalf of the - 2 - opposite parties stating that in compliance of the aforesaid order of this court, Divisional Railway Manager, Samastipur passed order dated 15.07.2011 holding that petitioner’s application to pay outstanding dues of final bill cannot be acceded to at that point of time and the same will be considered for payment after completion and outcome of ongoing vigilance investigation and outstanding amount will also be decided at that stage and accordingly the application of the petitioner was disposed of. 4. It is stated that in the light of confidential recommendations of the Vigilance Organization, Divisional Railway Manager, Samastipur vide his endorsement on vigilance letter no.ECR/Vig/SS/SPJ/07-09/59 dated 29.09.2011 had intimated the Senior Divisional Engineer (Co-ordination) to ensure prompt, requisite and necessary action and to expedite finalization of present case in view of recommendation dated 11.04.2011 filed by the petitioner in the light of order dated 01.04.2011 passed by this court in C.W.J.C. No.3250 of 2011. 5. It is also stated that this contempt petition may be disposed of with a direction to the petitioner to approach/pursue his grievances by filing a fresh representation before the Senior Divisional Engineer (Co-ordination), East Central Railway, Samastipur, who after proper scrutiny of the confidential recommendations of the Vigilance Organization of Railway will pass a speaking and reasoned order within the stipulated time in accordance with law and if the outstanding dues of final bill is found payable, it would be paid to the petitioner. - 3 - 6. In the aforesaid facts and circumstances it is quite apparent that the authorities of East Central Railway, Samastipur have admitted the dues of the petitioner and the payment was stalled only due to vigilance proceeding, but when a clearance has been received from the Vigilance Department there is no occasion for the authority to stall such payments. 7. However, the concerned authority for payment now is the Senior Divisional Engineer (Co-ordination), East Central Railway, Samastipur who will scrutinize the confidential recommendations of the Vigilance Organization of Railway and shall pass a speaking order within two months from the date of receipt/production of a copy of this order and any amount found to be payable as per the confidential recommendations of the Vigilance Organization of Railway shall be paid to the petitioner immediately thereafter i.e. within two weeks of the order. 8. With the aforesaid observations/directions, this petition is disposed of. Harish (S.N.Hussain, J.)