IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.299 of 2006 BACHHO SINGH Versus THE STATE OF BIHAR & ORS ----------- For the petitioner : Mr.Mathura Nath Roy For the Opp. Parties: Junior Counsel to GA IX --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th July, 2008 The order dated 5.11.2004 of which contempt is alleged, directed the respondent no.3 to re-consider the case of the petitioner’s promotion and pass a fresh order within four months from the date of receipt/production of a copy of that order. 2. Since the respondent no.3 did not re-consider the petitioner’s case nor passed a fresh order within the stipulated time, the petitioner approached this court by filing this contempt application. 3 The respondent no.3 has, in response to the contempt application, shown cause and it is stated that the petitioner was not found suitable for promotion and after re- consideration of the matter, the order has been passed on 25th 2 February, 2006. The said order is annexed as Annexure – A with the show cause. 4. The counsel for the petitioner contends that the order dated 25th February, 2006 has not taken into consideration the aspects highlighted by this court in the order dated 5.11.2004. 5. We are afraid, legality and correctness of the order dated 25th February, 2006 cannot be put in issue in contempt application. If the petitioner is aggrieved by the order dated 25th February, 2006, it must be challenged in substantive proceedings. 6. We, accordingly, find no justification to proceed further in this contempt application. 7. MJC is, accordingly, disposed of. However, this will not preclude the petitioner to challenge the legality of the order dated 25th February, 2006 in appropriate proceedings in accordance with law. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/