JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-Leave granted.

2. This civil appeal arises out of the order dated 22.3.2004 passed by the High Court of Judicature at Patna in CWJC No.9019/2003 by which the appellant herein was found guilty of contempt of its order dated 21.8.1995 passed in CWJC No.4369/1994. While convicting him for contempt, the learned Judge imposed simple imprisonment of two months apart from a fine of Rs.2000/-. The order was, however, suspended for a period of four weeks to enable the appellant to approach this Court. Notice was issued by this Court in the Special Leave Petition on 15.4.2004 and the impugned order of the High Court was also stayed. .

3. At the very outset, it is pertinent to mention that this Court by order dated 11.09.2009 dismissed the Special Leave Petition as against respondent No.1 as the petitioner failed to file application for substituted service in regard to respondent No.1. .

4. We heard learned counsel for the appellant as well as learned counsel for the respondent. We have also perused the order impugned in this appeal. To briefly state the facts, one Shiv Prasad Singh who was In-charge Block Supply Officer of Aurangabad was dismis