IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.378 of 2010 Raj Kishor Sharma Versus Food Corporation Of India & Ors ---------------------------------- 4 06.09.2011 Heard learned counsels for the petitioner and the opposite party-Food Corporation of India. This contempt application is for the alleged violation/disobedience of the order dated 29th October, 2002 passed in CWJC No. 12065 of 2002 as also the order dated 23rd February, 2004 passed in CWJC No. 719 of 2004. Learned counsel for the petitioner submits that by order dated 29th October, 2002 this Court directed the authority to pass an order with regard to the claim of the petitioner for compassionate appointment. Such order was passed by the authority as per communication dated 4th February, 2003 (Annexure-A) whereby the claim of the petitioner for compassionate appointment was not accepted for want of vacancies, however, his name was included in the pending list which was forwarded to the Head Office of the Corporation for consideration. The aforesaid order dated 4th February, 2003, Annexure-A to the show cause of the opposite party no.3, was assailed in a writ petition filed by the petitioner vide CWJC No. 719 of 2004 disposed of by order dated 23rd February, 2004. This Court while disposing of the aforesaid writ application observed “in the opinion of this Court no better order than this can be passed in the matter”. (emphasis supplied) Learned counsel for the petitioner further submits that since the petitioner’s name was included in the panel, he ought to have been appointed on compassionate ground. Learned counsel further contends that from perusal of the show cause it appears that the candidature of the petitioner was rejected, however, no details have been mentioned therein. Mr. Prabhakar Tekriwal, learned Senior Counsel appearing for the opposite party-Corporation, on the other hand, submits that the order of this Court has been complied with by passing the appropriate order dated 4th February, 2003 as contained in Annexure-A to the show cause which was assailed by the petitioner in another writ application vide CWJC No. 719 of 2004 disposed of by order dated 23rd February, 2004. This Court approved the aforesaid order, and as such, there can be no violation/disobedience of the order of this Court inviting any contempt proceeding against the authority concerned. Moreover, it is submitted that this contempt application has been filed after a long delay without any valid justification. Considering the rival submissions of the parties and on perusal of the order as contained in Annexure-1 & 2 as also the fact that the respondent authority considered the case of the petitioner as directed by this Court as per the order dated 29th October, 2002 and passed an order dated 4th February, 2003 (Annexure-A) which was assailed by the petitioner in the subsequent writ application as aforesaid. The submission of the petitioner that his candidature was rejected which appears from the show cause filed on behalf of the Corporation with no details are the matters which cannot be looked into in this contempt proceeding. In view of the above discussions and reasoning, I do not find any cause to proceed further in the matter. The contempt application is accordingly dismissed. Manish/- ( Shailesh Kumar Sinha,J.)