Service of an order is generally necessary to found an action in contempt.

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 same and to give effect to it within ten days from its making. In reply thereto the following letter was delivered to him on 18-3-57.

Office of the Accountant General, Bihar Ranchi

No. DG-2/2979/ (R--AO)

Dated Patna the 18th March, 1957

From

The Accountant General, Bihar, Ranchi,

To

Sri N. Baksi, I. O. S.,

Member, Board of Revenue, Bihar,

2. King George Avenue,

Patna 1.

Subject: Passage certificates.

Sir,

In inviting a reference to your letter No. nil, dated March 11, 1957, on the above mentioned subject, I am to inform you that necessary steps are being taken by us to move the Supreme Court in the matter. Further information in this regard will be conveyed to you after orders are passed in the Supreme Court case.

Yours faithfully,

Sd. S.P. Guguani

Deputy Accountant General, Bihar.

Camp: Patna

2. The grievance of Mr, Baksi is "that the refusal of the opposite party to give effect to the orders passed by this Hon ble Court is not bona fide and that the attitude adopted by him to frustrate the object of the application made by the petitioner and deprive the petitioner and his family of the opportunity to sail according to their scheduled programme amounts, in effect, to flouting the command addressed to the said opposite party in the said case". He has accordingly in the present petition prayed that a proceeding in contempt be taken against Mr. O. K. Ghosh to secure