IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2754 of 2008 Shree Bhagwan Choudhary, son of Late Sita Ram Choudhary, resident of Village-Sandha, P.S. Chapra, District-Saran. ….Petitioner. Versus 1. THE STATE OF BIHAR 2. Sri R.K.Singh, the Commissioner cum-Secretary, Road Construction Department, Govt. of Bihar, Patna. 3. Sri Chandra Nath Jha, the Additional Secretary, Road Construction Department, Government of Bihar, Patna. 4. Sri Chandra Nath Jha, the Joint Secretary (Vigilance) Road Construction Department, Govt. of Bihar, Patna. 5. Sri Vijay Kumar Sinha, Deputy Secretary, Road Construction Department, Govt. of Bihar, Patna. 6. Sri Nagendra Nath Sinha, Secretary RCD, Jharkhand, Ranchi. ….Opposite parties. ----------- 02/ 13.05.2010 Heard Mr. Arun Kumar, learned counsel for the petitioner and Mr. Satyavrat Verma, learned counsel for the opposite party no. 6. The present application for contempt has been filed as the order dated 10.10.2007 passed by the division bench in L.P.A.No.52 of 1999 has not yet been complied with. This court in court-court appeal had passed the following order: “5. In the circumstances, the appeal is allowed, the judgment and order under appeal to the extent the same refused to quash the punishment awarded by the punishment order, as confirmed by the appellate order, is set aside and the writ petition, to the extent the same challenged the punishments awarded by the - 2 - punishment order as confirmed by the appellate order, is allowed without any order as to costs.” It is submitted by learned counsel for the petitioner that by virtue of the quashment of the order of punishment, he is entitled to get the benefit of two increments as that was the punishment he had been visited with. Having heard learned counsel for the petitioner and learned counsel for the opposite parties, as advised at present, instead of inclined to proceeding for contempt, we direct the opposite parties to implement the said order within a period of six weeks from the date of receipt of the order passed today. With the aforesaid direction, the proceeding for contempt stands dropped. Sunil (Dipak Misra, C.J.) (Mihir Kumar Jha, J.)