ASHOK KUMAR JHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) A Circle Officer, Makdumpur, Jehanabad, has faced contempt proceedings. He has been held guilty for committing contempt and faces conviction with simple imprisonment for three days. This order was passed in a proceeding which arose out of a writ petition filed by Md. Aslam Khan and along with him six others. They are his brothers, sisters and his mother, all heirs of one Md. Hasim.

(2.) WHY the writ petition and who is Md. Hasim are relevant. Md. Hasim was Appointed as a clerk at Gaya Collectorate in 1955. He died in 1988 as a Nazir at Makdumpur Circle Office, Jehanabad. He lad yet two years of service left.

(3.) THE learned Judge was not pleased that for 15 years the provident fund remained unpaid and even after issue of notice an exercise was still being carried on to quantify the provident fund, perhaps, to locate its deposit and the records which unless all put together the likelihood of the provident fund being paid seemed remote. The directions issued as ad interim orders to work on the exercise to process the payment of provident fund appeared to be receiving some resistence. Apathy to work on the exercise seriously was one factor.