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1957 Supreme(Pat) 119

CHOUDHARY, AHMAD
N. Baksi – Appellant
Versus
O. K. Ghosh – Respondent


Judgment

Ahmad, J.

1. This proceeding in contempt arises out of Mis-cellaneous Judicial Case No. 40 of 1957. In that case the Player made was to enjoin Mr. O. K. Ghosh, I. A. and A. S., Accountant General, Bihar, to perform his statutory obligations by acceding to pay for the passage benefits, as provided in the Superior Civil Services Rules 1924, to the wife and the children of the petitioner Mr. N. Baksi, I. C. S., Member, Board of Revenue, Bihar. That miscellaneous judicial case on contest was disposed of by the order dated the 11th March, 1957. The concluding portion of that order reads as follows :

"In the result, however, for the reasons already given, I hold that this application should be allowed & accordingly a writ in the nature of mandamus is directed to issue commanding the" Accountant General, Ranchi, to pay the passage money, as provided in the Statutory Rules, to the wife and children of the. petitioner as prayed for. But in the circumstances of the case, there will be no order as to costs".

It is said that thereafter on the same date, namely, 11th March, 1957, when the aforesaid order was passed, Mr. N. Baksi wrote a letter to the opposite party to comply with the sa























































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