IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.423 of 2007 SUSHIL KUMAR SINGH Versus STATE OF BIHAR & ORS ----------- 2 30.06.2009 Heard learned counsel for the petitioner and learned counsel for the opposite parties. The petitioner alleges wilful disobedience of the order dated 18.1.2005 passed in CWJC no. 14770 of 2001. By the said order this Court had directed the Director General of Police, Government of Bihar to reconstitute a committee for the purpose of publication of the second list of successful candidates for the post of police constable pursuant to advertisement no. 1 of 1998 and thereafter to publish the second list of successful candidates in accordance with law. In the show cause filed on behalf of opposite party no.6, reference is made to the history of litigation arising out of Advertisement No. 1 of 1998 in which the matter had come up to this Court before the Division Bench in CWJC no. 8304 of 1999 and ten other analogous cases and the Division Bench declined to issue any mandamus for appointment of the petitioners of those cases as constable by order dated 15.7.2005, taking into consideration the entire history of litigation under Advertisement No. 1 of 1998 in which the matter had gone even up to the Supreme Court noting that in the order dated 9.8.2004 passed in CWJC no.15217 of 2001 this Court had given liberty to the persons aggrieved under Advertisement No. 1 of 1998 to file representation and the respondents were directed to dispose of the same and pursuant to the said direction the aggrieved candidates filed representations before the Director - 2 - General of Police, Bihar, Patna and their cases were reconsidered. The Apex Court in another matter which went before it set aside the order of this Court by which direction was issued for appointment to the post of constables on the basis of said advertisement. In view of the aforesaid facts and circumstances, no wilful disobedience of the order of this Court has been committed by the opposite parties. Such order itself appears to have been issued in view of the ill- conceived statement of the learned counsel for the State that the committee was required to be re-constituted since the Superintendent of Police had been transferred. The contempt application is, accordingly, dismissed. shahid (Ramesh Kumar Datta, J)