IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.35 of 2009 1. ARBIND THAKUR, SON OF LATE BALESHWAR THAKUR, R/O VILLAGE- BAHERI, P.S. BAHERI, DISTRICT DARBHANGA, PRESNETLY POSTED AS SUB-DIVISIONAL POLICE OFFICER, JAMALPUR, MUNGER. 2. AMJAD ALI, SON OF MOHAMMAD DAUD, R/O P.O. AND P.S. BAGHA, DISTRICT-WEST CHAMPARAN, PRESENTLY POSTED AS DEPUTY SUPERINTENDENT OF POLICE (TOWN), GAYA. 3. MIRZA ARIF RAZA, SON OF LATE MIRZA RAZA ALI, R/O OF MOHALLA-BARA BAGH, CHANDWARA (MUZAFFARPUR), P.S. TOWN DISTRICT MUZAFFARPUR, PRESENTLY POSTED AS BLOCK DEVELOPMENT OFFICER, BOKHARA, SITAMARHI. 4. ARUN KUMAR THAKUR, SON OF LATE JAIDEO THAKUR, R/O MOHALLA-NEW COLONY, SAHARSA, P.S. AND DISTRICT SAHARSA, PRESENTLY POSTED AS CIRCLE OFFICER, BANKA, BANKA. 5. ASHWINI KUMAR, SON OF SRI JAGDISH PRASAD, R/O MOHALLA SHIVPURI, P.O. P.S. AND DISTRICT HAZARIBAGH(JHARKHAND) PRESENTLY POSTED AS EXCISE SUPERINTENDENT, KHAGARIA. …..PETITIONERS. Versus 1. STATE OF BIHAR 2. SRI ANUP MUKHERJEE, THE CHIEF SECRETARY, GOVT. OF BIHAR, PATNA. 3. SHRI AMIR SOHANI, SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR PATNA. 4. SRI AFZAL AMANULLAH, THE SECRETARY, HOME(POLICE) DEPARTMENT, BIHAR PATNA. 5. SRI AFZAL AMANULLAH, THE SECRETARY HOME(SPECIAL) DEPARTMENT, BIHAR, PATNA. 6. SMT. VIJAY LAXMI, THE COMMISSIONER, EXCISE, EXCISE AND PROHIBITION DEPARTMENT, BIHAR, PATNA. 7. SRI VIYAS JEE, THE SECRETARY, LABOUR RESOURCES DEPARTMENT, GOVT. OF BIHAR, PATNA. 8. SRI SUDHIR KUMAR RAKESH, THE SECRETARY, ELECTION DEPARTMENT, GOVT. OF BIHAR, PATNA. 9. SHRI MOHAN KUMAR SARKAR, THE THEN DEPUTY SECRETARY, PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT, GOVT. OF BIHAR, PATNA. …OPPOSITE PARTIES. ----------- For the Intervenor :Mr.Ashok Kr. Singh, Advocate For the State :Mr. Shitanshu Shekhar Mishra, AC to GA 5 & : Mr. Mayank Rokhaiyar, AC to GA 5 ---- 06. 26.11.2009 We have heard counsel for the parties at length. Divergent submissions have been made before us on behalf of the petitioners and of the opposite parties with regard to the interpretations and counter interpretations from the counter affidavit - 2 - quoted in the order dated 8.9.2008 in LPA No.879 of 2007. Having considered the submissions advanced, we are of the view that it shall not be a proper exercise of contempt jurisdiction to interpret the passage quoted from the counter affidavit, examine further issues and then arrive at a conclusion. The petitioners are stated to have filed CWJC No.2379 of 2009. In our opinion, the divergent interpretations of the averments quoted in order dated 8.9.2008 can well be properly considered in the pending writ petition. The contempt matter stands disposed of. hr ( Navin Sinha ) ( Kishore K. Mandal )