Petitioner filed a contempt petition alleging violation of a previous order directing a cooperative bank to pay CPF and insurance dues. The court found the impugned orders had substantially been carried out. Contempt petition dismissed.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4773 of 2012
====================================================== Bhola Nath Singh S/O Late Sheo Narain Sngh Resident Of Village- Tejpur, P.O- Kenhaiyaganj, P.S- Telhara, District- Nalanda At Present Residing In The House Of Ajeet Kumar Colony, Fatuha, P.O & P.S- Fatuha, DistrictPatna.
.... .... Petitioner/s Versus
.... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Birendra Prasad For the Respondent/s : Mr. Md. N. Hoda Khan SC-18 ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 6 23-10-2013 Heard learned counsel for the petitioner and learned counsel for opposite party no.2. A show cause on behalf of opposite party no.2 has been filed. The application raises a grievance that the order dated 16.02.2012 passed on his writ petition being CWJC No. 9131 of 2010 (Annexure-1) has wilfully/deliberately violated/disregarded by the opposite parties. By the said order, this Court disposed of the writ petition, operative portion whereof reads thus:-
“Consequently, the application is allowed in the following term:-
Patna High Court MJC No.4773 of 2012 (6) dt.23-10-2013
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Let the authorities of the Bank calculate and pay/authorize admissible dues payable to the petitioner under the head CPF and group insurance within six weeks from the date of receipt/production of a copy of this order.”
In the show cause it has been stated that the amount payable to the petitioner under the head GPF has already been credited with interest in the saving bank account of the petitioner. With regard to payment of group insurance amount it has been stated that appropriate order has already been passed for payment of the dues thereunder to the petitioner. Copies of those orders have been enclosed as Annexure-A and B to the show cause.
Mr. Prasad learned counsel for the petitioner fairly states that no instruction has been received by him with regard to actual payment of the dues under the head group insurance. He, therefore, submits that if any discrepancy is found in the amount directed to be paid under the said head, the petitioner be granted liberty to approach the appropriate authority ventilating the said grievance.
On a consideration of the materials placed on record it appears that the order passed by this Court has substantially been carried out by the opposite parties. The contempt application,
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therefore, does not merit further persuasion. It is accordingly dismissed.
(Kishore Kumar Mandal, J)
HR/-
1 issue framed by the court
Whether the impugned order directing bank authorities to calculate and pay pension dues had been substantially complied with justifying dismissal of contempt proceedings.
Bhola Nath Singh
Shri Ashok Kumar
Shri Abhay Jha
The State Of Bihar
KISHORE KUMAR MANDAL
As recorded by the court registry
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