IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3148 of 2006 SHARWAN KUMAR GUPTA Versus STATE OF BIHAR & ORS ----------- For the petitioner: Mr. Lalan Kumar Singh For the respondent nos. 1 to 6 : Mr. S.S. Mishra --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 5th September, 2008 The counsel for the petitioner submits that the controversy in the present contempt application is identical to the controversy which was involved in MJC No.3145 of 2006; Krishna Nand Prasad & Ors. vs. State of Bihar & Ors., which was disposed of by this court on 7th August, 2008. 2. The contempt application in the matter of Krishna Nandan Prasad and others was considered by the Division Bench thus: “ The petitioners have approached this court by means of this contempt application, as according to them, the order dated 13th July, 2006 has been deliberately and intentionally disobeyed. In response to the contempt application, cause has been shown by the opposite party no.8. The following statements have been made: “6. That it is humbly submitted that in the light of the aforesaid directions of this Hon’ble Court, the Three Member Committee presided by the Secretary, P.H.E.D, Government of Bihar has been constituted vide office order no. 262 dated 10.08.2006. 2 Photo copy of office order No.262 dated 10.8.2006 is being enclosed herewith and marked as Annexure-A to this show cause. 7. That it will be relevant to mention herein that the Personnel and Administrative Reforms department, Government of Bihar in continuation to the resolution no.489 dated 10.05.2005 has taken a policy decision regarding absorption/appointment of daily wagers against sanction/vacant posts through resolution no.639 dated 16.03.2006 and as such the committee presided by the Secretary, P.H.E.D, Government of Bihar has been constituted through order bearing no. 142 dated 25.07.2006. Photo copy of the resolution No.639 dated 16.3.2006 and order no.142 dated 25.7.2006 are annexed herewith and marked as Annexure-B series to this show cause. 8. That it is submitted that the Finance Department of the Government of Bihar has had from 01.04.2001 onwards withdrawn the budget provision to the tune of Rs. 6.79 crore of the Public Health Engineering Department in the annual budget in order to enforce the relevant government instructions regarding the appointment of persons in the work charged establishment and on daily wages. As a consequence after a detailed exercise the Department had identified between December 2001 and April 2002 nearly 2799 persons as having been appointed in the work charged establishment and on daily wages after the then dates laid down by the Finance Department and the Department of Personnel respectively for making such appointments. These persons had been deemed nonest and had been either reverted to daily wagers or not been engaged further. 9. That it is further humbly stated and submitted that this respondent department made repeated and sincere efforts for last few years and as result during August 2006, 2277 technical posts of the class IV have been sanctioned to this department and as per the policy/directions contained in resolution no.639 dated 16.03.2006 issued by the Department of Personnel and Administrative Reforms, Government of Bihar, this respondent department has initiated necessary actions to regularize services of those persons on sanctioned/vacant posts in their respective P.H. Divisions who have been reverted or have been disengaged but they are engaged or have been engaged continuously for five years (240 days each year) prior to 11.12.1990. 3 10. That it is submitted that those who have been engaged as daily wagers and also the work charge employees of class III and IV, who have been reverted to the status of daily wagers or have been disengaged but were engaged prior to the cut-of-date have been considered for the purpose of benefit of the said decision for regularization on sanction/vacant posts of respective Public Health Divisions in consonance with the Government’s reservation policy and appointment procedure contained in resolution no.639 dated 16.03.2006 of the Department of Personnel and Administrative Reforms, Government of Bihar and the aforesaid directions of this Hon’ble Court. 11. That it is humbly submitted that the petitioners were not fulfilling the eligibility criteria for regularization on sanctioned/ vacant posts of P. H. Division, Patna East, Patna West, Biharsharif, Hilsa, Ara and Bhabhua as per the policy decision and as such their representation for regularization/absorption has been rejected by the reasoned order bearing no.24 dated 24.1.2007. Photo copy of the order no.39 dated 06.02.2007 is being enclosed herewith and marked as Annexure-C to this show cause.” The counsel for the petitioners submits that services of the junior persons to the petitioners have been regularized in defiance of the order dated 13th July, 2006. We are not persuaded by the submission of the counsel for the petitioners. The scope of contempt jurisdiction cannot be enlarged by going into the legality and correctness of the order dated 6th February, 2007. If the petitioners are aggrieved by the said order, they must put an issue the correctness thereof in substantive proceeding before an appropriate forum. We are, thus, satisfied that the respondents cannot be held guilty of having deliberately or intentionally disobeyed the order of this court dated 13th July, 2006.” 3. MJC stands disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/ 4