IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.748 of 2010 1. AJAY KUMAR DAS S/O LATE BASUDEO DAS R/O VILL.- BELTHU, P.S. SHAHKUND, DISTT.- BHAGALPUR Versus 1. THE STATE OF BIHAR 2. BANDANA PREASI AT PRESENT POSTED AS EXCISE COMMISSIONER GOVT. OF BIHAR 3. AAMIR SUBHANI SECRETARY OF EXCISE DEPTT., GOVT. OF BIHAR 4. ARJUN PRASAD, JOINT SECRETARY EXCISE DEPTT., GOVT. OF BIHAR ----------- 2/ 16/03/2011 Heard learned counsel for the petitioner and the opposite parties. Learned counsel for the petitioner submits that the Writ Court had directed consideration for ad hoc promotion to the post of Superintendent of Excise under the Government Instruction dated 11.9.2002 and the judgement of this Court that a criminal case was no bar to the consideration for ad hoc promotion. Learned Counsel for the opposite parties submits that the petitioner was not eligible to be considered for promotion to the post of Superintendent of Excise unless and until he was confirmed on the post of Inspector (Excise) which has been done on 1.2.2008. Before he could be considered for promotion thereafter for the next higher post he has been put under suspension on 20.5.2010 on fresh allegations which do not concern any criminal case earlier. Learned counsel for the petitioner seeks to persuade the Court that in between 1.2.2008 to 2 20.5.2010 his juniors have been promoted, but his case was not considered. That is a matter which cannot be examined in the contempt jurisdiction. The contempt proceedings are therefore disposed with an observation that, if so advised, the petitioner may pursue his remedies in a fresh writ application. KC ( Navin Sinha, J.)