IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.267 of 2009 1. VACHASPAT KUMAR DUBEY SON OF SRI BIHARI JEE DUBEY, RESIDENT OF MOHALLA – NEW MAINPURA, POLICE STATION – DANAPUR CANTT, DISTRICT – PATNA. 2. AWADESH KUMAR SON OF SRI RAM SURESH DUBEY, RESIDENT OF VILLAGE – BELHAN POLICE STATION- DINARA, DISTRICT ROHTAS. Versus 1. THE STATE OF BIHAR 2. MR. ANJANI KUMAR SINGH, COMMISSIONER- CUM-SECRETARY, HUMAN RESOURCE DEVELOPMENT DEPARTMENT, GOVERNMENT OF BIHAR, PATNA. 3. MR. PRABHAK KUMAR PNKAJ, DISTRICT SUPERINTENDENT OF EDUCATION, SAMASTIPUR. 4. MR. NANDAN PRASAD BLOCK EDUCATION EXTENSION OFFICER, KALYANPUR BLOCK, DISTRICT SAMASTIPUR. 5. MD. KAIFIL, THE BLOCK EDUCATION EXTENSION OFFICER, MOIUDDINNAGAR, SAMASTIPUR. 6. MR. AVINASH, BLOCK DEVELOPMENT OFFICER, MOHIUDIN NAGAR, SAMASTIPUR. 7. MR. HARENDRA RAJAK, BLOCK DEVELOPMENT OFFICER, KALYANPUR BLOCK SAMASTIPURL. ----------- 05. 25.06.2010 Heard learned counsel for the petitioner and the State. A show cause has been filed on behalf of the Opposite Party No. 3. On perusal of the averments made in paragraph -13, it would appear that pursuant to the order of this court, the authorities acting upon the order has issued a necessary order reinstating the petitioner in service and since then petitioners are continuously 2 working. Learned counsel for the petitioner submits that from the statement made in paragraphs 14 and 16, it would appear that the authorities have cancelled the appointment without giving any show cause notice to the petitioner, as such, the cancellation order is absolutely bad in law. In other words, it is submitted that the authorities have cancelled the appointment without following the direction of this court. Be that as it may, since from the perusal of the aforesaid averments made in the writ application, as noticed above this court is of the opinion that the action of the authorities are not contemptuous. Accordingly, this application need not proceed further. However, it will be open for the petitioner to assail the order of cancellation of their appointment if so advised in accordance with law . The contempt application stands disposed of. Jagdish/ ( Shailesh Kumar Sinha, J.)