CLCON No. 245/2008 Hon’ble B.C. Kandpal, J. By way of this contempt petition the petitioner has prayed for summing the respondents and punishing them for committing contempt of the order dated 21.08.2008 passed by this Court in Writ Petition No. 855 of 2008 (S/S) “K.C. Tyagi versus State of Uttarakhand & others.” Heard Sri Ajay Veer Pundir, learned counsel for the petitioner and perused the record. The contempt petition has been filed for disobedience of the order dated 21.08.2008 passed by this Court, whereby this Court has stayed the order dated 28.06.2008/05.07.2008 passed by C.M.O. Haridwar by which recovery was directed from the salary of the petitioner sanctioned to him as graduate pay scale. This order was perhaps communicated to the respondent on 30.08.2008 and the excess pay was recovered form he salary of the petitioner during the month of August, 2008. Thereafter the excess pay is not being recovered from the salary of petitioner. In the aforesaid circumstances, as the order dated 21.08.20008 was communicated to the respondent on 30.08.2008 and as per rule the salary for the month of August, 2008 was already submitted to the Treasury before the date of communication of the stay order, therefore, this matter cannot be taken as contempt of the Court for disobedience of the order dated 21.08.2008 passed by this Court and the same is not maintainable. The contempt petition is accordingly dismissed in limine. (B.C.K., J.) 18.12.2008 SP