- (1.) ALLEGING disobedience of order dated 05.10.2012 passed in W. P. (S) No. 5893 of 2012, the applicant has approached this Court by filing the present contempt petition. In this contempt petition, the applicant has averred as under: 5. "That the petitioner states that he has also submitted copy of the representation dated 13.10.2012 annexing therewith a copy of the order passed by this Hon'ble Court before the Secretary, Urban Development Department as also the Executive Officer, Sindri Circle, Dhanbad Municipal Corporation. 6. That the petitioner most humbly states and submits that as per the directions passed by this Hon'ble Court the opposite parties were duty bound to take a decision in the matter relating to payment of retiral benefits within 30 days from the date of receipt of a copy of the order passed by this Hon'ble Court which has expired on 13.11.2012 but the opposite parties have failed to take any decision in the matter relating and have thereby committed contempt of the orders passed by this Hon'ble Court and are continuing to do so on and from 13.11.2012. 7. That the petitioner most humbly states and submits that due to inaction on the part of the respondents/opposite parties the petitioner has not been paid a single penny till date in spite of the orders passed by this Hon'ble Court and the petitioner along with his family members is being made to suffer on day today basis. 8. That the petitioner states that the opposite parties are bent upon to violate the orders and directions passed by this Hon'ble Court and as such this Hon'ble Court may take a serious view in the matter."
(2.) THE learned counsel appearing for the petitioner has submitted that inspite of order passed by this Court and the representation submitted to the opposite party no. 1, the retiral benefits to the petitioner has yet not been paid. He has further submitted that though the respondentauthority has passed orders dated 22.03.2013 and 18.11.2013, there are apparent discrepancies in those orders and even the amount mentioned and found payable to the petitioner in those orders, have yet not been paid to the petitioner. The learned counsel appearing for the opposite party no. 2 has submitted that since the order dated 05.10.2012 enjoined upon the opposite party no. 2 to consider the claim of the petitioner and if the arrears found due to be paid to the petitioner.
(3.) A perusal of the contempt petition would disclose that the applicant has failed to even aver in the contempt petition that the opposite party has wilfully and intentionally disobeyed the order passed by this Court. Section 2 (b) of the Contempt of Courts Act is extracted below: 2. Definitions ­ (b)"civil contempt" means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court; ;