IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2498 of 2010 SHEOPUJAN SINGH, S/o Sahdeo Singh, R/o Village- Meera Saray, P.O.- Tillauthu, P.S.-Tillauthu, District- Rohtas(Presently member of Panchayat Samiti, Block Tillauthu and Chairman of Public Health Family Welfare Committee and Chairman of PACS. Versus 1. MEENA DEVI, W/o Late Ramashray Singh, R/o Village- Parhariya, P.O.- Orgabad, Saraiya, P.S.-Amjhor, District- Rohtas(Presently Pramukh- Panchayat, Samiti, Block-Tillauthu. 2. The State of Bihar, through Deepak Prasad, Father’s name-not known to the petitioner, The Secretary, Department of Panchayat Raj, Government of Bihar, Patna. 3. Deepak Prasad, Father’s name-not known to the petitioner, The Secretary, Department of Panchayat Raj, Government of Bihar, Patna. 4. Deepak Prasad, Father’s name-not known to the petitioner, the Director, Panchayat Raj, Bihar, Patna. 5. The State Election Commission, Bihar, Patna through A.B.Pandey, Father’s name not known to the petitioner, its Secretary. 6. Anupam Kumar, Father’s Name not known to the petitioner, District Magistrate, Rohtas. 7. Md. Anwar Sidque, Father’s name not known to the petitioner the Sub- Divisional Officer, Dehri-On-Sone. 8. Birendra Sharma, Father’s name not known to the petitioner, The Block Development Officer, Tilauthu, District-Rohtas. 9. Halima Bibi, W/o Jainul Khan, R/o Village- Kerpa, P.O.-Ramadihra, P.S.- Amjhaur, District- Rohtas(presently member of Panchayat Samittee Tillauthu). 10. Ram Suresh Singh, S/o Mathura Singh, R/o Village- Jargodih, P.O.- Ramdihra, P.S.-Amjhaur, District- Rohtas(presently member of Panchayat Samittee, Block-Trillauthu). 11. Ram Lakhan Paswan, S/o Ganesh Paswan, R/o Village-Lohradih, P.O- Chandanpura, P.S.-Tillauthu, District-Rohtas(Presently member of Panchayat Samittee, Block-Tillauthu). 12. Diwakar Singh, S/o Dineshwar Singh, R/o Village-Ali Nagar, P.O.- Maharaj Ganj, P.s.-Tillauthu, District- Rohtas(Presently member of Panchayat Samittee, Block-Tillauthu). 13. Leelawati Devi, W/o Mahangoo Ram, R/o Village & Post-Orangabad Saraiya, P.S.-Amjhaur Samitee, also Chairman of Shiksha Samitee, Block- Tillauthu. 14. Kalwati Devi, W/o Sahdeo Choudhary, R/o Village & Post-Sewahi, P.S.- Tillauthu, District- Rohtas(presently member of Panchayat Samittee, Block- Tillauthu). 15. Anita Devi, W/o not know to the petitioner, R/o Village- Kaithi, P.O- Nedokhara, P.S.-Tillauthu, District-Tohtas(Presently member of Panchayat Samittee, Block-Tillauthu). 16. Bhuneshwar Tiwari, Father’s Name not known to the petitioner, R/o Village- Gamuhara, P.O-Indrapuri, P.S.-Tillauthu, District- Rohtas(presently member of Panchayat Samittee, Block Tillauthu). 2 17. Ashma Khatoon, W/o not known to the petitioner, R/o Mohalla+ P.O.- Tillauthu, District- Rohtas,(presently member of Panchayat Samittee, Block- Tillauthu). 18. Anju Devi, W/o not known to the petitioner, R/o Village + Post-Ramdihra, P>S.-Amjhaur, District- Rohtas(presently member of Panchayat Samittee, Block-Tillauthu). 19. Ashapati Anwar Kunvar, W/o Late Kameshwar Singh, R/o Village- Chorikup, PO-Chandanpura, P.S.-Tillauthu, District-Rohtas(presently member of Panchayat Samittee, Block Tillauthu). 20. Shiv Shankar Shah, S/o Ramashish Shah, R/o Village & P.O.-Harka, P.S.- Tillauthu, District- Rohtas,(Post-presently UP-Pramukh Panchayat Samiti, Block-Tillauthu). ----------- 4. 04-08-2010 This Court vide earlier order had found the O.P. No. 8 guilty of willfully committing contempt of this Court and had ordered the Opposite Party no. 8 to be personally present in Court today for sentencing. Mr. Chitranjan Sinha, learned Senior Counsel appearing for the said Opposite Party, moved an application for recalling of the order and tendered unqualified apology on behalf of the contemnor. I am afraid it is too late for that. This application is rejected. In so far as question of sentence is concerned, Mr. Chitaranjan Sinha points out that recently the contemnor was posted as the Block Development Officer, which was his first posting and was unfamiliar with the statutory provisions and his responsibilities. Having been confronted with the directions of the Court, he had sought clarification from the District Magistrate as to what action he should take. Mr. Sinha submits that this shows the bonafide of the officer concerned. In my view, it is established that there is no reason in course of official business to seek any clarification from the District Magistrate as he was himself exercising the statutory 3 authority, which was not sub-ordinate to District Magistrate or under his supervision. Having considered the matter, in my view taking into account that this is his first posting as Block Development Officer having not been exposed to this law earlier, the situation calls for a lenient view in the matter be taken. In view of the regret expressed and the facts noted above, even though I find the petitioner guilty of contempt in the facts and circumstances, I leave the petitioner with severe warning to be careful in future and if at any time in future he is found wanting in his bonafides in respect of implementing the order of the High Court, he would be liable to be dealt with without any mercy or sympathy. This application is thus disposed of. Sujit (Navaniti Prasad Singh, J.)