Rajendra Mishra v. The State Of Bihar.

IN THE HIGH COURT OF JUDICATURE AT PATNA

Miscellaneous Judicial Jurisdiction Case No. 1277 of 2020 IN Civil Writ Jurisdiction Case No. 11567 of 2017 ====================================================== Rajendra Mishra (Male) aged about 61 years son of late Ram Sihasan Mishra, Resident of Village- Badd, P.O.- Badd, Police Station- Karakat, District Rohtas.

... ... Petitioner/s

Versus

1. The State of Bihar

2. Shri Atul Prasad, Department of Social Welfare, Govt. of Bihar, Patna.

3. Shri Alok Kumar, Director, Integrated Child Development Service, Indira Bhawan, 2nd Floor, Boring Canal Road, Patna.

4. Sri S. Siddharth, Secretary, Finance Department, Government of Bihar, Main Secretariat, Patna.

5. Bharti Priyambada, District Program Officer, Patna.

6. Kishlay Sharma, District Program Officer, Gaya.

7. Kumari Sima, District Program Officer, Jehanabad. ... ... Respondent/s Appearance :

For the Petitioner/s :

Mr. Ashish, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Mandal, SC-3 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-07-2021 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Shri. Sunil

Kumar Mandal, SC-3, the learned counsel appearing for the contemnors.

The present petition has been filed seeking initiation of contempt proceedings against the contemnors for wilful disobedience of the judgment dated 17.01.2020 passed by a co-ordinate Bench of this Court in CWJC No. 11567 of 2017.

This Court finds that the contemnors had been directed vide order dated 08.03.2021, passed in the present case to pay 50% of the arrears of salary subject to the final outcome of the appeal filed by the respondent State bearing L.P.A. No. 214 of 2021. The learned counsel for the contemnors Shri. Mandal has informed this Court that 50% of the arrears of salary has already stood paid to the petitioner.

Having regard to the facts and circumstances of the case, this Court deems it fit and proper to dispose of the present contempt petition, however, with liberty to the petitioner to file a fresh contempt petition in case the order dated 17.1.2020 passed in CWJC No. 11567 of 2017 is not complied with in case of dismissal of the aforesaid appeal, filed by the respondent State. (Mohit Kumar Shah, J) Tiwary/-