BAL KISHORE MODY Vs. ARUN KUMAR SINGH

JUDGEMENT

(1.) Leave granted.

(2.) Heard the learned Counsel for the parties.

(3.) This appeal is filed against the judgement and order, dated 17.5.1999 passed by the High Court of Patna in contempt proceedings numbered as M. J. C. No. 3493/1998. The grievance of the appellant is that despite the fact that the appellant retired on 31.12.1995 and submitted pension papers on 15.1.1996, the appellant was not paid his retiral benefits for years together and for that purpose, he was required to approach the High court. Despite the High Court's order some officers of the State Government delayed the payment of pensionary benefits. As there was breach of the order passed by the High Court, aforesaid contempt proceedings were initiated and finally by the impugned order, the contempt proceedings were disposed of by the High court by observing that the authorities shall release the full amount towards pension, gratuity and leave encashment as sanctioned and payment order issued by the Accountant General within three days from the date of the appearance of the appellant before the concerned Treasury Officer. The Court has further observed that in case of non-compliance of the order, it would be open to the appellant to bring the aforesaid facts to the notice of the Court to take appropriate action against the erring officer including the Treasury Officer and/or I/c Headmaster of the school. The Court has also kept the question open with regard to the grievance of the appellant for wrong calculation of the provident fund and interest thereon. It has been pointed out that in spite of the order of the High Court to make the payment within three days from 17.5.1999, the amount was released after a long time.