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Rashda Khatoon vs State Of Bihar

Patna High Court · Decided on 21 April 2022 · Citation: (2022) 04 PAT CK 0053

HON’BLE JUDGES
Ashwani Kumar Singh, J
ACTS & SECTIONS REFERRED
Constitution Of India, 1950 — Article 215 · Contempt of Court Act, 1971 — Section 11, 12
RESULT
Dismissed
CASE NUMBER
Miscellaneous Jurisdiction Case No. 436 Of 2018 In Civil Writ Jurisdiction Case No. 17348 Of 2016
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Judgment

8 paragraphs · 388 words
1.

Despite repeated calls, nobody appears on behalf of the petitioner to press the application.

2.

This application has been filed under Section 215 of the Constitution of India read with Sections 11 and 12 of the Contempt of Court Act, 1971 for initiating a proceeding of contempt against the opposite parties, as they have knowingly and deliberately disobeyed the order dated 10.03.2017 passed in C.W.J.C. No. 17348 of 2016.

3.

The respondents were directed to pay the arrears of full family pension and current family pension as also leave encashment to the petitioner within a period of three months.

4.

The writ petition was allowed with cost of Rs. 25,000/-and it was further directed that in case of any further delay beyond the period of three months, the petitioner would be entitled to get the interest at the rate of 8% per annum from the date the amount became due till the date of actual payment.

5.

The respondent no. 5 has filed show-cause in the present matter.

6.

In the first show-cause filed on behalf of the respondent no. 5, it was stated that in compliance of the order of the Court, sanction for payment of arrears of pension/family pension was issued vide officer order dated 31.08.2017 and the office of the Accountant General, Bihar was requested to issue necessary authority so that the petitioner could be able to get the same and the office of the Accountant General, Bihar has already issued necessary authority vide letter dated 14.02.2018 for an amount of Rs. 9,87,875/-. It was further stated that the petitioner has also been paid the amount of Earned Leave amounting to Rs. 3,30,178/-. The payment of cost of Rs. 25,000/- has also been paid to the petitioner vide cheque no. 406075 dated 02.08.2019 and the receipt thereof has been obtained.

6.

In the subsequent show-causes filed on behalf of the respondent no. 5, it has been stated that the interest amount as directed by the Court in its order dated 10.03.2017 passed in C.W.J.C. No. 17348 of 2016 has also been paid.

7.

Since the order dated 10.03.2017 passed in C.W.J.C. No. 17348 of 2016 by this Court has already been complied with, I am of the opinion that no case for initiating a contempt proceeding is made out. Accordingly, the application is dismissed.