IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2371 of 2007 VINOD KUMAR SINHA Versus STATE OF BIHAR & ORS. ----------- 4. 11.11.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. This contempt application has been filed for non-compliance of the order dated 31.07.2007 passed in C.W.J.C.No.8114 of 2007 by which representation of the petitioner for his posting at Siwan, in view of the fact that his wife was posted in the District Record Room at Siwan, was directed to be considered. It appears from the record that earlier it was not found feasible to transfer petitioner to any office at the District Headquarter of Siwan town and, therefore, wife of the petitioner was transferred to Maharajganj in an office where petitioner was posted. His wife filed a writ application bearing C.W.J.C. No.14059 of 2007 in this Court and claimed that she does want her transfer on the basis of the policy decision of the State Government for posting the husband and wife at one place. As such her writ application was allowed and her posting from Siwan to Maharajganj was quashed. - 2 - Thereafter opposite parties have considered the representation of the petitioner and have found that posting of the petitioner at Siwan Town in any office was not feasible and, therefore, the Collector rejected the representation of the petitioner by office order as contained in Memo No.1088 dated 25.08.2008. The opposite parties had made an attempt to place petitioner and his wife at one place in view of the policy decision of the State Government which was resisted by the wife herself. Therefore, petitioner has lost the right to claim any benefit under the said policy. So far as compliance of the orders of this Court is concerned, this Court had directed the respondents to consider the “feasibility” of posting of the petitioner in the town of Siwan in view of the fact that his wife was posted there. The order of the Collector dated 25.08.2008 sufficiently explains the situation under which representation of petitioner has been rejected. Therefore, this Court does not find any merit in this contempt application. The application is dismissed. B.T (J.N Singh, J)