IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2300 of 2006 PITAMBAR MISHRA & ORS Versus STATE OF BIHAR & ORS ----------- For the Petitioners : Mr. Bipin Bihari Singh, Adv. For the State : Mr. M.N.Roy, JC to S.C.-11 For the Board : Mr. Ambuj Nayan Chaubey, Adv. ---------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ----------- Dated, the 9th July, 2008. The grievance of the petitioners in this contempt application is with regard to non-compliance of the order dated 7th March, 2008. 2. The operative order dated 7th March, 2008, reads thus: - “Let the respondents take appropriate steps to ensure the publication of the notification in the Official Gazette as early as possible and in any case within a period of two months from the date of production/receipt of a copy of this order. Whereafter the State Government should apply its mind to the contents of the notification of the Board already published in Gazette in terms of Sub Section (3) of Section 83 of the Bihar Religious Trust Board, 1950 and shall either approve/confirm the resolution of the Board or pass such order as it deems fit within another two months from the date of publication of the Gazette. It is observed that while applying its mind the State Government shall bear in mind its own decision whereunder it has already enhanced the retirement age of its employees from 58 to 60 years with effect from - 2 - 24.3.2005.” 3. That the notification of Board bearing letter no.248 dated 10.5.2005, has been published in Gazette is not in dispute. With regard to consideration of the notification by the State Government in terms of Sub Section (3) of Section 83 of the Bihar Religious Trust Board, 1950, written response has been filed by Opposite party no.5, paragraph 4 thereof reads thus: - “4. That this opposite party has not intentionally or willfully disobeyed and violated the order of the Hon’ble High Court dated 7.3.2006 passed in C.W.J.C. No. 864/2006 alongwith C.W.J.C. No. 6069/2005. This opposite party has taken over charge of Administrator cum O.S.D., Bihar State Board of Religious Trusts on 23.5.2006 and on 3.6.2006 sent a request vide letter no.1064 to the Secretary, Law Dept. Government of Bihar for taking an early decision in the matter. Thereafter the Law Dept. asked this Opposite Party to take a decision in the matter by letter No.2106 dated 21.6.2006. In fact, under section 83(3) the decision was to be taken by the Government. However, since the new Law Secretary has joined recently, this Opposite Party examined the matter and placed his views on the matter of extending the age of superannuation from 58 years to 60 vide letter no.1697, dated 29.6.2006. After doing so, the Opposite Party submitted that whatever decisions, the Government or the Hon’ble High Court would take, shall be accepted and implemented by the Opposite Party. Thus the present Opposite Party has promptly acted in this matter and has not intentionally or willfully or deliberately violated the order of the Hon’ble Court.” 4. The communication sent by Secretary-cum-Legal Remembrancer to the Board on 20th September, 2006 is also available on record. It has been placed alongwith the show cause filed by Opposite party no.2. 5. It transpires therefrom that the notification - 3 - published at the behest of the Board was defective. The Government, thus, decided not to approve the notification dated 10th May 2005. 6. On the face of the aforesaid facts, we are satisfied that the respondents cannot be held to be guilty of any deliberate disobedience of the order of this Court passed on 7.3.2005. 7. M.J.C. has no merit. It is disposed of accordingly. 8. Needless to say that, if aggrieved, the petitioner may put in issue the legality and correctness of the communication dated 10.5.2005 in appropriate proceeding in accordance with law. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-