IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.242 of 2007 DR.JAI KANT LAL DAS Versus STATE OF BIHAR & ORS ----------- 10 17.12.2008 Heard counsel for the petitioner and G.P.-II, for the contemnor-opposite parties. Reference may be made to the earlier order of this Court dated 3.12.2008. Pursuant thereto Mr. Deepak Kumar, Secretary, Medical Education, Department of Health, is personally present. A show cause has already been filed explaining the circumstances in which there was some delay in carrying out the directions of this Court in the connected writ application and that the petitioner now has been notified as a head of the Department of Medicine by a notification dated 16.12.2008. Ordinarily, that could have brought an end to the whole dispute inasmuch as substantially the order of this Court can said to have been carried out but then there is definitely an element of justification in the grievance of the petitioner as highlighted by his counsel that such designation of Head of the Department of Medicine in the Patna Medical College was only by way of the main relief of his giving promotion on the post of Professor. A complain thereof has been made, that the petitioner till date has not been - 2 - notified as a Professor of Medicine. Mr. Deepak Kumar, Secretary, Health Department, has informed this Court that the decision of the Departmental Promotion Committee (DPC) has already been taken for giving promotion to the petitioner on the post of Professor but then as it would require the concurrence of the Bihar Public Service Commission and an order of the State Government, the whole process would consume another period of eight weeks. He therefore, assures this Court that the formal notification of promotion the petitioner on the post of Professor will be issued within a period of eight weeks from today. In that view of the matter this contempt application is disposed of, by recording the aforementioned undertaking of the Secretary of the Health Department. The personal appearance of Mr. Deepak Kumar, Secretary, Health Department is hereby dispensed with. Bibhash (Mihir Kumar Jha, J.)