IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3723 of 1999 BINOD KUMAR CHOUDHARY & ORS Versus STATE OF BIHAR & ORS ----------- For the petitioners : Mr. Dinu Kumar For the State -respondents 1 to 3 : Mr. Rajesh Kumar Singh JC to AAG - II P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 30th July, 2008 The petitioners filed the writ petition before this court praying therein that the respondents be directed to grant promotion to the post of Junior and Senior Selection Grade and also to the post of Section Officer. 2. The said writ petition was disposed of on 22nd July, 1999 by the following order: “Considering the facts and circumstances of the case, respondent no.2, the Secretary, Personnel and Administrative Reforms Department, Government of Bihar, Patna is directed to scrutinize and examine the respective cases of the petitioners and in case it is found that juniors to the petitioners have been promoted on the post of Junior and senior Selection Grade and also on the post of Section Officer, necessary orders shall be passed promoting the petitioners as well on the aforesaid post if they are found eligible for the post. However, this exercise must be completed within a period of three months from the date of receipt/production of a copy of this order.” 3. By means of this contempt application, the petitioner has 2 raised the grievance that the case of the petitioners has not been considered as per the direction dated 22nd July, 1999. 4. On behalf of the respondent no.2 , cause has been shown, wherein it is stated that as a matter of fact the case of the petitioners was considered and it was found that they were not entitled for promotion. The said order is contained in memo no.757 dated 15th September, 1999, which is annexed with the contempt application itself. 5. Having considered the order dated 15th September, 1999 (Annexure -3) annexed with the contempt petition, and the other relevant material, we find that this contempt petition is not only misconceived and frivolous but is an abuse of the process of the court. The court while disposing of the writ petition on 22nd July, 1999 has only ordered that the case of the petitioners be considered for promotion and if they are found eligible for the post, an appropriate order will be passed. 6. When they have not been found eligible for promotion and the consideration of the matter has been done, nothing further was required to be done. If the petitioners were aggrieved by the order dated 15th September, 1999, they ought to have put in issue the illegality and correctness of the order in an appropriate proceeding. It was not proper on the part of the petitioners to assail the correctness of the order dated 15th September, 1999 in contempt petition. 7. Ordinarily, for such abuse of the process of the court, 3 we would have imposed exemplary cost on the petitioners but since they are lowly paid employees, we refrain from doing so. 8. MJC is, accordingly, dismissed. R. M. Lodha, CJ. Kishore K. Mandal, J. Neyaz/-