IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2822 of 2011 ====================================================== Dilip Kumar .... .... Petitioner/s Versus The State Of Bihar & Ors. .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Vikas Mohan For the Respondent/s : Mr. P.K. Verma Aag5 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAVIN SINHA ORAL ORDER (Per: HONOURABLE MR. JUSTICE NAVIN SINHA) 3 21-12-2011 Heard learned counsel for the petitioner and the Bihar Public Service Commission. The show cause on behalf of the opposite parties submits that before the date that his juniors came to be promoted the petitioner was made an accused in a police case on 3.7.2007 under Section-409 and 120B/34 of Indian Penal Code and charge-sheet submitted on 15.6.2011. Yet his case has been forwarded to the Departmental Promotion Committee for appropriate consideration for ad hoc promotion in accordance with law under the Circular dated 11.9.2002. The issue of a criminal case, charge-seet and the Circular dated 11.9.2002 did not form part of the directions of the Writ Court. The proceedings cannot proceed in the contempt jurisdiction. If the respondents have forwarded his case to the Patna High Court MJC No.2822 of 2011 (3) dt.21-12-2011 2 Departmental Promotion Committee, dependent on the outcome it may or may not furnish a fresh cause of action to the petitioner. The contempt proceedings stand disposed. Krishna Chandra Jha/- (Navin Sinha, J)