A. K. Mathur, J. - (1.) This appeal is directed against the order passed by the Gauhati High Court dated 26th May, 1998 whereby the Division Bench has convicted Shri. E.T. Sunup, Commissioner-cum-Secretary to Govt., Finance Department, Government of Nagaland, and sentenced him to undergo simple imprisonment of one month and also pay a fine of Rs. 10,000/-, in default, further simple imprisonment of one month. However, Respondent No.2, A.C. Saikia was impleaded as party in this Contempt Petition but he was not party in Civil Rule No.40(K)96 against which this contempt arises, therefore, he was discharged. More so he stood retired on reaching superannuation some time in the month of June/July 1997.
(2.) The brief facts which are necessary for the disposal of the appeal are as follows. That by a W.T. Message dated 30th December, 1995 the State Government in the Department of Finance had stopped all payments of the employees of the State Government except salaries and pensions. The W.T. Message reads as under : "NO. BUD/1-2/95-96 DTD 30-12-1995(.) STOP ALL STATE GOVT. PAYMENTS RPT STOP ALL STATE GOVT. PAYMENTS WITH IMMEDIATE EFFECT UNTIL FURTHER ORDERS EXCEPT SALARIES AND PENSIONS FOR DECEMBER 1995 TO BE PAID FROM 5-1-96 RPT 5-1-96 ONWARDS (.) NO OTHER PAYMENT RPT NO OTHER PAYMENT SHALL BE ALLOWED EVEN AGAINST DRAWAL AUTHORITIES ALREADY ISSUED. UNTIL FURTHER ORDERS (.) PLEASE CONFIRM STRICT COMPLIANCE (.)"
(3.) The above message was amended on 30th January, 1996 and the ban imposed was relaxed with regard to payment of salaries to regular staff, pension, including arrear of pension, leave encashment and G.I.S. of the retired Government employees.;