IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.611 of 2000 BHARAT PRASAD & ORS Versus STATE OF BIHAR & ORS ----------- 15. 10.12.2008 While disposing of the contempt application by order dated 25.8.2008, we had directed the State Government to pay to the petitioners cost of Rs.11,000/-. While doing so it was further directed that the Secretary to the Government of Bihar in the department of Higher Education shall hold an enquiry, fix responsibility for the delay in complying the order of the Court and realize that amount from the person found responsible. In the light of the aforesaid order, the Secretary to the Government of Bihar examined the matter and submitted report that nobody is responsible. This did not appeal to us and when the matter was taken up on 24.11.2008, the Secretary to the Government of Bihar in the Department of Higher Education assured us that he shall reconsider his decision in the light thereof. The Principal Secretary, Human Resources Development Department, Bihar, Patna has reconsidered the matter and observed as follows : “That the matter was re-examined and it was found that before issuing the order for the approval of services of the petitioner and the payment of arrears of salary since August 1986, there was a lack of understanding the verdict of the Hon’ble High Court by the authority concerned. It was also found that before issuance of the order of payment, the then Director (Secondary Education), had not taken legal 2 opinion from the Law Department and without seeking the advice the order was issued, resulting in the non-compliance of the direction of the Hon’ble High Court in its full meaning. At the time of issuance of the order, Sri Anil Kumar Srivastava was the Director Secondary Education.” In view of the aforesaid report, the Principal Secretary, Human Resources Development Department, Bihar, Patna shall be well advised to take action against the person referred to in his report in accordance with law. Record be consigned (Chandramauli Kr.Prasad, J.) ( Dr. Ravi Ranjan, J.) Narendra/