IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.1610 of 2011 Sanjay Kumar . Versus The State Of Bihar & Ors . ----------- 6. 14.09.2011 Heard learned counsel for the petitioner and the State. The earlier order dated 20.6.2011 adequately notices the error of record when M.J.C. No. 2925 of 2010 came to be disposed. In this application for modification, the Court cannot reopen the contempt proceeding even if there was an error of record committed therein with regard to the pendency of the departmental proceedings. The only appropriate order to be passed now is to modify the final order dated 23.3.2011 in M.J.C. No. 2925 of 2010 by directing that if the only defence taken in the contempt proceeding with regard to the pendency of the departmental proceedings no more survives the respondents are naturally required to consider the case of the petitioner for promotion in accordance with law. The grounds sought to be urged on behalf of the petitioner that no further materials for denial of promotion can be taken into consideration and it has to be confined only to the stand taken in the 2 contempt application and that the fresh ground sought to be urged by the opposite parties were not sustainable is an enquiry which cannot be held in the present application for modification. If so advised, the petitioner may pursue his remedy in that regard appropriately. The proceeding stands disposed. P. Kumar ( Navin Sinha, J.)