IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2296 of 2006 DR.JAWAHAR LAL Versus STATE OF BIHAR ----------- For the Petitioner : Mr. Vishwambhar Pd., Adv. For the Opposite parties : Mr. Satyadeo Kumar, S.C. XII ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ---------- Dated, the 18th July, 2008. We heard the counsel for the applicant. 2. This contempt application is wholly misconceived, frivolous and abuse of process of Court. We thought of imposing cost on the petitioner for unnecessarily wasting the Court’s time by making this frivolous application, but we have decided not to do that because the petitioner has already retired from service. 3. The order dated 5th August, 2005, passed in writ petition filed by the petitioner, does not say that the petitioner will not be punished in the departmental proceedings. The dismissal of L.P.A. from that order does not improve the case of the petitioner. The fact of the matter is that because of gross irregularity and illegality committed by the petitioner in continuing to hold the office despite the fact that he had already superannuated, the disciplinary proceedings were initiated against him. After conclusion of the said - 2 - disciplinary proceedings, the disciplinary authority decided to withhold 50% of gratuity. The correctness of the said order has already been put in issue by the petitioner by filing a separate writ petition and that is said to be pending. Despite the fact that 50% gratuity has been withheld pursuant to the order passed in disciplinary proceedings, the present contempt application has been filed by the petitioner alleging about non-disbursement of gratuity to that extent. 4. We deprecate such practice of filing frivolous application by the petitioner. 5. M.J.C. is dismissed accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-