A K UPADHYAY Vs. CHINTAMANI SINHA

JUDGEMENT

(1.) THIS appeal under the Contempt of Courts Act, 1972 has, been filed against an order dated 24 September, 2001, a proceeding in civil contempt, numbered as MJC. No. 2240 of 1999: Smt. Chintamani Sinha V/s. State of Bihar and others. On 16 July, 2001, the array of parties was permitted to be amended. The appellant had been added as an opposite party no. 7, Sri A.K. Upadhyay, Secretary, Road Construction Department, Government of Bihar, Patna. Thus, initially, the appellant was not a party to the cause. By this order, the petitioner Smt. Chintamani Sinha also received an order of the court that she may file a fresh representation before the Commissioner -cum -Secretary of the department and the latter may have the opportunity to consider the claim and pass a reasoned order. The representation was permitted to be filed within a week. Thereafter, Commissioner -cum -Secretary of the Road Construction Department was given time to act on the representation within three weeks. Thus, it is on record that the Commissioher -cum -Secretary of the Road Construction Department, who happens to be the appellant comes into the picture on the order dated 16 July 2001.

(2.) THE record will need to be explained on the controversies. The petitioners husband, the late Bal Mukund Sinha, died on 29.4.1998. He had joined service as an Assistant Engineer in October 1973 in the Advance Planning Division of the Rural Engineering Organisation at Hazaribagh. After his death his widow sought the emoluments due to her husband as a consequence of the State services rendered. The following claims were made upon the department:

(3.) FINDING that the post retirement benefits due to her husband and her widows pension were not being paid she filed a writ petition, CWJC. No. 9237 of 1998: Smt. Chintamani Sinha V/s. State of Bihar. On the petition the following order was passed: