Awadhesh Pd. Mishra and Others vs The State of Bihar and Others etc. etc.

Radha Mohan Prasad, J.—All these matters have come up on filing of petition/affidavit by the petitioner alleging non-compliance of the general order pursuant to which their writ petition was disposed of with certain directions failing which the petitioner was given liberty to file two pages affidavit upon which this Court shall take serious view of the matter and consider to suo motu initiate contempt proceeding against such authority besides payment of cost of Rs. 5000/- to be paid by them from their pocket. It is really unfortunate that the concerned authorities have treated the aforementioned order in a most casual way in the matter of its compliance which compelled the petitioner to file petition/affidavit pursuant to the liberty aforementioned granted to them. Despite service of notice of the petition/affidavit there has been no response from the concerned respondent in most of the cases.

Having regard to the fact that the authority has treated the order in a most casual manner this Court shall consider to initiate contempt proceeding against the erring official on Monday next (22.3.2004) when all these matters will be listed again under the same heading. However, in the meanwhile learned counsel for the respondents must examine the grievance raised in the petition/affidavit filed on behalf of the petitioner and if they find that the general order passed by this Court has strictly been complied they will file slip signed by them to that effect.

It is made clear that meanwhile counsel for the petitioner should also examine regarding compliance of the order and if this Court finds that any petition/ affidavit filed on behalf of the petitioner is frivolous, this Court shall consider to award heavy cost to be paid by the petitioner from his pocket. Let a copy of this order be supplied to the learned Advocate General, Chief Secretary, Government of Bihar, Senior Standing Counsel for Union of India and its officials and also on Mr. J.P. Karn, Sr. Standing counsel for Accountant General and to the Advocates'' Association, Bar Association and Lawyers'' Association for circulation and compliance.