IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3578 of 2010 LALA NRIPENDRA KUMAR AMBASTHA @ NRIPENDRA KR. AMBASTHA Versus THE STATE OF BIHAR & ORS. ----------- 5. 22.06.2011 The Court is satisfied from the statements made in Para 12 of the show cause dated 17.5.2011 on behalf of the opposite party no. 4 that the order of the Court stands complied in part only. That the opposite parties have taken further steps for further compliance by payment of actual monitory benefits is reflected in the supplementary show cause by the opposite party no. 4 taking the defence that the issue for payment of consequential benefits consequent to the retrospective promotion has been forwarded to the Finance Department. The Court had directed legitimate dues after consideration of the show cause of the petitioner for promotion to be paid within six months. Compliance with procedural formalities falling in the domain of the opposite parties is no defence in a contempt proceeding. Nonetheless the Court considers the statement made in Para 4 of the supplementary show cause on behalf of opposite party no. 4 as solemn undertaking and assurance to this Court made in a judicial proceeding on oath to pay the legitimate dues of the petitioner consequent to the retrospective promotion granted. The Department of Finance is therefore presumed to be now aware of the need for immediate compliance of the order of the Court which shall also remain answerable for non compliance. Considering the aforesaid assurance and undertaking the application is disposed with the observation that if legitimate dues are not actually paid, if not already paid, within a maximum period of six weeks from the date of receipt and/or presentation of a copy of this order, a serious issue may arise for consideration. The contempt application is disposed. Snkumar/- (Navin Sinha,J.)