IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.344 of 2006 RAM LAKHAN PRASAD Versus STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Devendra Prasad For the Opp. Parties: Mr. A.K.Jha, GA 2 --- 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 letters patent appeal filed by the present applicant was disposed of on 29.11.2004. The operative portion of the order reads thus: “Learned counsel for the appellant seeks permission to withdraw the Letters Patent Appeal contending that the appellant would like to make representation to the competent authority within a period of two weeks from today. If such a representation is made, the authority concerned will take up the matter, consider and determine the merits in accordance with law, within a period of six weeks of its receipt and intimate to the appellant.” 2. In the light of the liberty granted in the order dated 29.11.2005, the applicant made a representation on 10.12.2005. The grievance of the petitioner in this contempt application is that the said representation was not disposed of within time. 3. The respondents have shown cause in response to this 2 contempt application and in paragraph -6 it is stated that the representation of the petitioner has been considered and disposed of by a reasoned order dated 30th December, 2005. A copy of this order dated 30.12.2005 has been placed on record. 4. Confronted with the order dated 30.12.2005, the counsel for the applicant submits that the said order is bad in law as due payment of salary has not been made to the petitioner. 5. We are afraid, legality and correctness of the order dated 30.12.2005 cannot be examined in contempt jurisdiction. It has to be assailed directly in appropriate proceedings. 6. We are satisfied that no further order needs to be passed in this contempt application. 7. MJC is disposed of , accordingly. However, this will not preclude the applicant in assailing the legality and correctness of the order dated 30.12.2005, if so advised, in appropriate proceedings. R.M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/