DEBASISH KAR GUPTA,J. - (1.) This is an application under the Contempt of Courts Act, 1971 for alleged violation of an order dated December 23, 2010 passed in the matter of Divyendu Banerjee v. State and Ors. [In Re: W.P. No. 15977 (W) of 2004] . The operative portions of the above decision are quoted below: "After going through the impugned order, I do no find any illegality or impropriety in the same. But it is made clear that the petitioner was not responsible for erroneous fixation of his scale of pay of Rs. 440-1170/-. Since he retired from the above services, no recovery from his termination benefits towards over drawal is permissible in view of the settled principles of law as decided in the matter of Syambabu Verma v. Union of India and Ors. reported in (1994) 2 SCC 521 . With the above observations, this writ petition stands disposed of. There will be, however, no order as to costs. Urgent Photostat certified copy of this order, if applied for, be given to the parties on priority basis. (Debasish Kar Gupta, J.)"
(2.) No material is produced on record to show that any amount was recovered from the terminal benefits of the petitioner towards overdrawal. Therefore, I do not find any wilful disobedience on the part of the alleged contemnor.
(3.) This contempt application is, therefore, dismissed.;