DEBASISH KAR GUPTA,J. - (1.) This is an application filed by the writ petitioner under the Contempt of Courts Act, 1971 for alleged violation of a judgment dated February 14, 2002 delivered in respect of a writ application bearing C.O. No. 2192 (W) of 1996. The operative portions of the above judgment are quoted below: "However, admittedly the terminal dues have yet not been paid to the petitioner. In the circumstances, the respondent authority shall pay the entire terminal dues admissible to the petitioner within a period of one month from the date of communication of this order, but not later than 31st March, 2002. The petitioner will vacate the quarter within 30th April, 2002. The petitioner who is present in Court gives an undertaking to the Court through his lawyer, Mr. Roy that he will vacate the quarter on 30th April, 2002. The undertaking is accordingly recorded. The amount as regards the entire terminal dues of the petitioner should be paid by an Account aye Demand Draft. The proceedings under the Public Premises (Eviction of Unauthorised Occupants) Act shall, however, remain stayed till 30th April 2002. In case the petitioner does vacate the quarter, in that event the respondent authority shall be entitled to get the quarter vacated with the police assistance. Officer-in-Charge, Hirapur Police Station is directed to render all assistance to obtain vacant possession of the quarter after the expiry of 30th April, 2002. This writ petition is disposed of. Xerox plain copy of this order duly countersigned by the Assistant Registrar (Court) be given to the learned Counsel for the parties on the usual undertaking. Sd/-(Dilip Kumar Seth, J.)"
(2.) After the delivery of the above judgment the petitioner vacated the Government Quarter within April 30, 2002. He received a cheque drawn on State Bank of India, Assansol Branch, bearing No. 737540 dated March 26, 2002 amounting to Rs. 32,037.26p. only from the respondent authority towards the balance amount of his terminal benefits. Let it be placed on record that before the delivery of the above judgment dated February 14, 2002, the petitioner had received an amount of Rs. 2,41,606/-towards his provident fund dues on October 29, 1998.
(3.) During the pendency of this contempt application an affidavit-in-opposition was filed by the alleged contemnor affirming the same on August 26, 2010. It appears from the above affidavit-in-opposition that after furnishing detailed calculation in respect of the terminal benefits of the petitioner, the respondent authority found a sum of Rs. 24,614.59p. was further due and payable to him. The above amount was offered to the petitioner. A cheque bearing No. 534532 dated December 6, 2011 drawn on State Bank of India, Professor Abdul Bari Road Branch, amounting to Rs. 24,614.59p. was produced before this Court on December 9, 2011 for handing over the same to the learned Advocate appearing for the petitioner. The petitioner was inclined to accept the above cheque in course of hearing.;