IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2260 of 2007 Anant Kumar Sinha Versus The State Of Bihar & Ors ----------- 4 07.07.2011 Heard learned counsels for the petitioner and the State. The submission is that the order dated 13.01.2004 passed in CWJC No. 11864 of 2001 is not being carried out, and as such, the concerned respondents are violating the order of this Court, and as such, are liable to be punished for the contempt of the Court. Learned counsel for the State, on basis of the statements made in the show cause, submits that the case of the petitioner would be considered only after the service rules of the petitioner’s cadre is approved by the State Government and thereafter vacancy, if any, would have to be ascertained, and as such, as on today the submission of the petitioner for initiating contempt proceeding does not lie and the application deserves to be dismissed. Considering the submissions of the parties, I find that this Court directed the concerned respondents to consider the case of the petitioner for promotion in question whenever any post is found vacant. In view of the statements made in the show cause that the vacancies have to be worked out only after service rules of the petitioner’s cadre is approached by the Government which has not been done finally as yet, I do not find any merit in this contempt application and the same accordingly stands dismissed. Manish/- ( Shailesh Kumar Sinha,J.)