IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2880 of 2008 PANCHU RAM ………. APPELLANT Versus 1. THE STATE OF BIHAR 2. ANJANI KUMAR SINGH, PRINCIPAL SECRETARY, HUMAN RESOURCES DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA 3. BHRIGUNATH UPADHYAYA, DIRECTOR, SECONDARY EDUCATION, GOVERNMENT OF BIHAR, PATNA 4. DR. DHURSHID ALAM, DISTRICT EDUCATION OFFICER, KHAGARIA 5. AMRESH KUMAR, TREASURY OFFICER, KHAGARIA ……………… OPPOSITE PARTIES ----------- For the petitioner: Mr. Tej Behadur Singh, Sr. Advocate Mr. Gyan Shnakar, Advocates For the respondents : Mr. Satyabir Bharti, JC to AAG - III --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 12th November, 2008 On 13th August, 2008, the following order came to be passed by us: “Mr. Satyabir Bharti, the government counsel submits that no adverse order affecting the promotion/service of the petitioner has been passed. He submits that only show-cause has been given. 2. In the light of the statement of the government counsel, we are satisfied that as now, it is not necessary for us to examine the constitutional validity of the diverse provisions of Bihar Reservation of Vacancies in Posts & Services (for Scheduled Castes, Scheduled Tribes and other backwar Classes)Act, 1991 (Amended in the year 2003). 3. In our view, the following order shall meet the 2 ends of justice – (i) The petitioner may respond to the show-cause notice dated 4th July, 2008 within three weeks from today, if not responded so far; (ii) The Director, Secondary Education, Bihar shall consider the cause shown by the petitioner and after hearing him, pass an appropriate order and communicate the same to the petitioner; (iii) If the order is adverse to the petitioner, the same shall not be enforced for a period of three weeks from the date of communication of the order to the petitioner; (iv) If advised, it will be open to the petitioner to challenge the said order in appropriate proceeding including challenge to the provisions of Bihar Reservation of Vacancies in Posts & Services (for Scheduled Castes, Scheduled Tribes and other backward Classes)ACT, 1991 (Amended in the year 2003), if necessary. 4. Writ petition is disposed of accordingly.” 2. It appears that the response made by the petitioner to the show-cause was considered by the Human Resources Department, Government of Bihar, and no merit was found in the show-cause and it was ordered that the petitioner be reverted to the post of Assistant Teacher which he was holding prior to promotion. The order dated 9th September, 2008 records that the said order shall come into effect after three weeks of the communication of the said order to the petitioner. However, counsel for the petitioner submits that in breach of the order dated 9th September, 2008, the District Education Officer, Khagaria passed the office order on 23rd September, 2008. 3. We are informed that the order dated 23rd 3 September, 2008 has been challenged in CWJC. No.14865 of 2008; rule has been issued therein and the operation of the order dated 9th September, 2008 has been stayed. 4. Obviously, in view thereof, the order dated 9th September, 2009 is not operative and the petitioner continues to hold the office of Headmaster. 5. Mr. Satyabir Bharti, government counsel submits that all concerned authorities shall act in accord with the order dated 26th September, 2008 passed in CWJC. No.14865 of 2008; Panchu Ram v. The State of Bihar & Ors. 6. In view of the statement made by the government counsel, we are satisfied that nothing further needs to be done in this contempt application (MJC) and it stands disposed of accordingly. R .M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-