Sahyog Samaj Kalyan Sansthan, New Bengali Tola Devi Asthan Chirayatand, Patna v. The State of Bihar

service must be given by service provider, a contradiction in terms. From various paragraphs of the counter affidavit, all that can be seen is that once the matter was brought to this Court, instead of appearing and assisting the Court, activities started in the background. Court had to issue notice to the Civil Surgeon but notwithstanding that, he failed to respond. Officials from the office of Civil Surgeon, Begusarai made enquiries from the State Counsel about the case but everyone chose to remain in the background without instructing the State Counsel. Part payments at every point were made keeping the balance in the hand on one pretence or the other, on one pretext or the other. Unashamedly, it is submitted that verification of the log books of 2007 are yet to be made. This is how the Civil Surgeon ensures a total collapse of the system only to discredit the Government, and for whose gain, one wonders. In the counter affidavit, it is stated that various cheques have been issued for payment to the petitioners. Learned counsel for the petitioners submitted that in fact the Civil Surgeon was in telephonic communication with the petitioners. Petitioner went to receive 4 payments but was virtually hounded away. He had to escape to save his life. All this because petitioners chose to move this Court. The Civil Surgeon, who is personally present in the Court to answer rule of contempt for obstructing Court proceedings, strongly and vehemently denies these allegations. This Court would not like to waste further time in the matter. From the counter affidavit, it is apparent that cheques of poultry amounts have been issued for payment of petitioner’s long outstanding bills. I direct the Civil Surgeon, Begusarai, who is the Secretary of the District Health Society as well, to ensure that those cheques are duly delivered to the petitioners and deposited in petitioners’ account and encashed in petitioners’ account within 15 days from today. It will be the sole responsibility of the Civil Surgeon to ensure that. Any failure on this count would amount to a contempt being committed by the Civil Surgeon. So far as the pending bills are concerned, within 15 days from today, he will complete all enquiries and settle all dues in accordance with law. He will thereafter, within 15 days, ensure payment thereof to the petitioners where payment is due. So far as future payments are concerned, in view of the dismal performance, as noted above, of the State authorities in settling the dues, I direct that so long as bills of service provider remain pending for “verification” and allotment of fund, the Civil surgeon or for that matter, the Society will not insist on the service provider to provide the services. 5 With these observations and directions, this writ application stands disposed of. The personal appearance of Civil Surgeon, Begusarai is dispensed with and rule of contempt discharged. M.E.H./ (Navaniti Prasad Singh)