IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.168 of 2008 DINESH PRASAD Versus THE STATE OF BIHAR & ORS ----------- 7. 14.10.2009 The petitioner claims wilful violation of the order dated 30.8.2005 of this Court, by which direction was issued to the respondent concerned to consider the case of the petitioner for appointment on the post of Panchayat Sewak, if post is available, and pass necessary order in accordance with law. In the show cause filed on behalf of opposite party No.4, District Magistrate, Nalanda, it is stated that the petitioner by committing manipulation in the records had managed to get his name placed at serial No.18 in the final Gradation List which, upon a complaint received from one Bechan Prasad, was got enquired into by the District Magistrate and a report in that regard was submitted by the District Panchayat Raj Officer. In his enquiry report, contained in letter No.468 dated 1.9.2009, it is stated that the petitioner’s name was found at serial No.210 in the Gradation List in the year 2005, but he managed to get the date of his recommendation by the Panchayat illegally changed to 28.7.1989 instead of 28.7.1993, as a result of which his name found place at serial No.18 in the final Gradation List published on - 2 - 24.8.2009. During the enquiry, it was found that during the period from 1989 till 28.7.1993, one Arvind Kumar was working as Dalpati in Khaje Etwarsarai Panchayat under Rahui Block, where there was only one post of Dalpati. The said Arvind Kumar had been regularly paid his remuneration. Accordingly, upon rectification of the Gradation List, the petitioner’s name figured at serial No.107. The further stand in the show cause is that only eight posts of Panchayat Sewak have been sanctioned in the District of Nalanda, whereas the approval of roster for existing vacancies of 39 posts of Panchayat Sewak in the District in question was made and, accordingly, the selection for appointment to the post of Panchayat Sewak was made and the petitioner could not be appointed on account of his low position in the seniority list. In view of the aforesaid statements made in the show cause, there does not appear to be any wilful disobedience of the order of this Court dated 30.8.2005. The contempt application is, accordingly, dismissed. VPS ( Ramesh Kumar Datta, J. )