SHAMBHU PRASAD Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) .This is a petition for contempt alleging non -compliance of the order dated 12.5.2008 passed in W.P.(S) No. 6 of 2008, wherein the learned Single Judge had disposed of the writ petition directing the respondent -contemnor to consider the petitioner's claim of arrears of salary for the last 33 months and pass appropriate order in accordance with law.

(2.) COUNSEL for the respondent -contemnor has submitted that in pursuance to the above direction, a sum of Rs. 4,48,608/ - + interest amounting to Rs. 50,453/ - has already been paid to the petitioner.

(3.) TIME and again this Court has observed that a petition for contempt can not be treated as if it were an execution proceeding since the cause for contempt is confined to wilfull disobedience of an order of the Court. Since the impugned order itself does not indicate as to what is the amount that was to be paid to the petitioner, the same cannot be allowed to be contested by way of a petition for contempt. It was the petitioner's duty to secure a categorical and candid order from the concerned Bench as to how much amount was payable to the petitioner after getting it resolved before the Court, which, according to him, has not been complied by the respondent. In absence of any order stating categorical figure to be paid, it cannot be allowed to be contested by way of a petition for contempt.