MJC No. 2348 OF 2003 (This is an application for initiation of contempt against the Opposite Parties for their delebrate and willful violation of the Judgment and order dated 4.7.2003passed by Hon’ble the Chief Justice Mr. Ravi S. Dhawan and Hon’ble Mr. JusticeR.N. Prasad of this Hon’ble Court in L.P.A. No. 454/1996). ASHOK KUMAR SINHA, SON OF LATE RANJIT PRASAD SINHA, RESIDENT OF 68, M.I.G. HOUSE LOHIA NAGAR, KANKARBAGH COLONY, P.S. KANKARBAGH, TOWN AND DISTRICT-PATNA AT PRESENT POSTED AS ASSISTANT ENGINEER (INCHARGE), BIHAR STATE HOUSING BOARD, MUZAFFARPUR DIVISION, MUZAFFARPUR. ------------(PETITIONER) Versus 1. THE STATE OF BIHAR 2. MR. ARUN KUMAR SINGH, COMMISSIONER CUM SECRETARY, BUILDING AND HOUSING, BISHESHWARAIYA BHAWAN, BAILEY ROAD, PATNA. 3. MR. SANTOSH KUMAR MALL, MANAGING DIRECTOR, BIHAR STATE HOUSING BOARD, PATNA 4. MR. MASUM ALI, SECRETARY, BIHAR PUBLIC SERVICE COMMISSION, BAILEY ROAD, PATNA. 5. MR. RAM SINGHASHAN SINGH, CHAIRMAN, BIHAR PUBLIC SERVICE COMMISSION, PATNA. ----------------(OPPOSITE PARTIES) FOR THE PETITIONER: MR. UMESH PD. SINGH, SR. ADVOCATE & MR. GAJENDRA KR. JHA, ADVOCATE FOR THE STATE: MR. S.K. GHOSH, A.A.G.-II FOR THE B.P.S.C.: MR. ASHOK KUMAR CHOUDHARY, ADVOCATE FOR THE O.P. NO.3 : Mr. RAJIV NAYAN SINGH, ADVOCATE P R E S E N T THE HON'BLE MR. JUSTICE CHANDRAMAULI KUMAR PRASAD THE HON'BLE MR. JUSTICE (DR.) RAVI RANJAN Prasad & Ranjan, J.J. This application has been filed for initiating a proceeding for contempt against the opposite party for non - 2 - compliance of the order dated 4th of July, 2003 passed by a Division Bench of this Court in L.P.A. No. 454 of 1996. While allowing the Letters Patent Appeal this Court observed as follows:- In the circumstances the State Government is already possessed of the record on the correspondence which the Housing Board has made to it and it shall obtain the concurrence of the Bihar Public Service Commission. The case of the petitioners-appellants will be referred to the Bihar Public Service Commission within one month from today and it is expected that the Commission will act on the record and in a month after the receipt of the record and communicate its decision to the State government and thereafter the State government to the Board. Mr. Umesh Prasad Singh, Senior Advocate appearing on behalf of the petitioner does not dispute that the matter was referred to the Bihar Public Service Commission which did not concur to the appointment of the petitioner and made communication accordingly. He had attempted to assail the said communication. We are afraid, present proceeding is not an appropriate proceeding to go into its validity. Petitioner if, so advised may take recourse to any other remedy available to him in - 3 - law. Application stands dismissed with the liberty aforesaid. Patna High Court, Dated 20th day of November, 2008 P.K./N.A.F.R. (Chandramauli Kumar Prasad, J.) (Dr. Ravi Ranjan, J.)