IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3048 of 2006 MANOHAR KUMAR SINHA & ANR Versus STATE OF BIHAR & ORS ----------- For the Petitioners : Mr. Lalan Kumar Singh, Advocate For the Opposite Parties : Mr. S.S.Mishra, Junior Counsel to Government Advocate-V ------------- P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------- Dated, the 31st July, 2008. Heard counsel for the parties. 2. The grievance in this contempt application at the instance of the petitioners is non-compliance/non-implementation of the order dated 13th July, 2006. By this order, the Division Bench disposed of 165 cases. In paragraph 13, upon which reliance has been placed by the counsel for the petitioners, the following observations have been made: - “13. Hence the State of Bihar is directed to immediately take steps to constitute a committee of three high officials concerned, presided by the Commissioner- cum-Secretary, Public Health Engineering Department, Govt. of Bihar and also including the Engineer in Chief- cum-Special Secretary, Public Health Engineering Department to consider the cases of all the petitioners after giving them opportunity to place their respective claims and to decide the matters in issue afresh in accordance with the directions given in aforesaid judgment of the Hon’ble Apex Court in the case of Secretary, State of Karnataka (supra) and the law settled therein with respect to the various schemes of the State Government concerning such appointments and regularization. The State Government is further directed to take steps for appointment of such Committee preferably within a period of one month from the date of - 2 - this order so that the said Committee may be able to decide the entire matters by 30th September, 2006 as it has been stated on behalf of the State Government on 10.5.2006 that the case of the petitioners who are fulfilling the eligibility criteria as per the policy will also be considered and finalized on or before 30th September, 2006. The petitioners will be at liberty to move the said Committee after it is appointed by the State Government raising their grievances in accordance with law settled by the Hon’ble Apex Court.” 3. A show cause has been filed by the Opposite party no.6. It is stated in the show cause that in compliance of the order dated 13th July, 2006, a three member Committee presided over by the Secretary, Public Health Engineering Department, Government of Bihar has been constituted vide office order dated 10th August, 2006. 4. The counsel for the petitioners does not dispute that the petitioners made representation before the Committee as permitted by this Court. He also does not dispute that the said representations have been rejected by the Committee. If that be so, we are afraid, the opposite parties cannot be held guilty of contempt of the order of this Court dated 13th July, 2006. 5. The contempt application has not merit. It is rejected accordingly. R. M. Lodha, CJ Kishore K. Mandal, J Pawan/-