IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1577 of 2006 BABULAL SINGH Versus STATE OF BIHAR ----------- 3/ 02-07-2008 Heard learned counsel for the petitioners and learned counsel for State. This case has been filed for initiating a proceeding for contempt against the Opposite Party for violation of order of this Court dated 31.1.2006 ( Annexure-1 ) by which this Court allowed C.W.J.C. No. 3802 of 2002 and quashed Annexure-10 thereof by which the respondents had directed the authorities concerned to stop payment of the scale given to the petitioners on account of their promotion and further directed them to pay only admissible salary to the petitioners. The said order ( Annexure- 10 ) was passed pursuant to Annexure-9 of the said writ petition by which the Accountant General,Bihar pointed out that the petitioners and other teachers of Primary School of the district of Nawada were wrongly promoted contrary to the rules and excess payments were made. However, in the said order dated 31.1.2006 this Court specifically held that the order was being passed only because no opportunity was given to the petitioner before passing the impugned orders and hence the rules of natural justice were not followed. It was specifically stated in that order that in case the authorities wanted to recover the excess amount paid to the petitioners or to lower down their pay scale, opportunities could have been afforded to them to explain the circumstances. - 2 - It is admitted case that after the said order dated 31.1.2006 no deductions were made from the salary of the petitioners in view of Annexure-10 to the writ petition . However, according to the specific observations of this Court the authorities have considered the matter afresh after giving opportunities to the petitioners to place their case and after considering the entire matter in detail, an order dated 1.11.2006 was passed rejecting the claim of the petitioners. In the said circumstances no contempt is made out against the Opposite parties as earlier order of this Court has not been violated. However, the petitioners will be at liberty to challenge the order of the authorities concerned dated 1.11.2006 (Annexure-B to the show-cause filed by Opposite Party No.4) . If the petitioner has already challenged the said order by way of filing of any writ petition, he may pursue the matter which is altogether an independent matter. With the aforesaid observation this case is disposed of. B.Tiwary/ ( S.N.Hussain, J )