IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2095 of 2007 INDRASAN SINGH Versus MR.DEEPAK KUMAR ----------- For the appellant: Mr. Basant Kumar Chaudhary, Sr. Advocate Mr. Mithilesh Kumar Sinha, Advocate For the respondents : Mr. S.S. Mishra, JC to AG V --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 20th October, 2008 It is true that there has been delay in disposal of representation made by the petitioner on 16.8.2007, for consideration of his case in the light of the direction given by the Division Bench of this court in the case of Krishna Nand Jha vs. State of Bihar and other, 2006 (3) PLJR 386 , but the fact of the matter is that the case of the petitioner has now been considered and order has been passed on 18th October, 2008, holding that the appointment of the petitioner was not inconformity with the advertisement/roster and the rules and that his appointment was bad in law right from inception. 2. Since, now, the order dated 18th October, 2008 has been passed, no case for invocation of contempt jurisdiction is made out. If the petitioner is aggrieved, he has to assail the legality and correctness of the order dated 18th October, 2008 in a substantive 2 proceeding. 3. Contempt application (MJC) is disposed of accordingly. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-