IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2611 of 2009 SHEO PUJAN SINGH, S/O LATE MAHARAJ SINGH, R/O MOHALLA-NORTH PROFESSOR COLONY MOHANPUR, PUNAICHAK, P.S.-SHASTRI NAGAR, DISTRICT- PATNA. ………………PETITIONER. Versus 1. THE STATE OF BIHAR. 2. SRI RAJESH KUMAR (I.A.S.) FATHER’S NAME NOT KNOWN TO THE PETITIONER DIRECTOR, SOCIAL WELFARE (I.C.D.C.) BIHAR, PATNA INDRA BHAWAN. 3. SMT.PRABHA KUMARI, FATHER’S NAME NOT KNOWN TO THE PETITIONER, CHILD DEVELOPMENT PROJECT OFFICER, PATNA. 4. SRI R.D.S.DARIWAL, FATHER’S NAME NOT KNOWN TO THE PETITIONER, ACCOUNTANT GENERAL, BIHAR, PATNA. 5. DR.CHANDRA BHUSHAN PD. SINHA, CIVIL SURGEON-CUM-C.M.O., PATNA. ……………RESPONDENTS. ----------- 10 28.07.2010 From the show cause filed on behalf of opposite party no.4, the Accountant General, Bihar, Patna, it appears that the authority slips have been issued authorizing withdrawal of pension and gratuity in respect of the wife of petitioner on 19.07.2010 and the same has been sent to the concerned Treasury. Petitioner is now to approach the concerned Treasury Officer and furnished required information for transfer of the amount under the authority slip to his account. Learned counsel for the petitioner submits that he will advise to the petitioner to do that as early as possible. Learned counsel for the petitioner submits that his wife was posted in 2 Jagdishpur in the district of Bhojpur her salary of five months were not paid. It is submitted that when the representation was filed before the SDPO, Patna where she had been transferred, two months salary was paid, but salary of the remaining three months has been withheld. Learned counsel appearing for the SDPO, Patna submits that the SDPO had called for a report from the concerned Primary Health Centre, Jagdishpur with regard to the dues of the wife of petitioner. It was reported that she was on duty for two months, but for the remaining three months she had absented herself. On the basis of the said report two months salary has been paid, but the salary of three months has been withheld. Learned counsel for the petitioner submits that it was not correctly reported to the SDPO, Patna that the wife of petitioner was absented for the remaining three months. In this respect, he submits that the petitioner will file a representation before the Civil Surgeon, Bhojpur for a certificate that his wife was on duty in the remaining three months also. Petitioner is allowed to do so. In 3 case the report is issued by the office of the Civil Surgeon, Bhojpur with regard to the wife of petitioner being on duty for remaining three months also, the SDPO shall consider the same and shall release the salary of remaining three months in favour of the petitioner. Since the grievance of the petitioner stands substantially redressed, the contempt application is disposed of. However, as it was only on the intervention of this Court and after personal appearance of the authorities, the process for release of the dues in respect of the wife of petitioner was expedited culminating into issue of authority slip, this Court directs that the Civil Surgeon, Patna and the SDPO, Patna shall not raise any bills for reimbursement of any amount in connection with this case. Since the contempt application is disposed of, their personal appearance is dispensed with. Arvind/ ( J. N. Singh, J.)