IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2456 of 2006 BIRENDRA SINGH 'PRABHAKAR' Versus STATE OF BIHAR & ORS ----------- For the petitioner : Mr. Nageshwar Pd. Sinha For the respondents: Smt. Nilu Agrawal, GA 10 --- P R E S E N T Hon'ble the Chief Justice And Hon'ble Mr. Justice Kishore K. Mandal --- Dated, the 9th July, 2008 The contempt petition alleges disobedience of the order dated 18.8.2005. 2. The operative portion of the order dated 18.8.2005, of which contempt is alleged, reads thus: “In that view of the matter, the writ petition is disposed of with the direction to the respondents to refer the matter to the BPSC for consideration by the D.P.C. for promotion of the petitioner in the rank of Superintending Engineer within eight weeks.” 3. In response to the notice, cause has been shown by opposite party no.3 as well as opposite party no.4. 4. In the show cause filed by opposite party no.3, the following statement has been made: “That it is respectfully submitted that pursuant to the aforesaid order of the Hon’ble Court, the matter regarding promotion to the post of Superintending Engineer was placed before the Departmental Promotion Committee (D.P.C.) held on 22.10.05 at B.P.S.C. The recommendation of the committee was 2 received vide letter no.2301 dated 2.11.05. The D.P.C. found him unfit for promotion as on the due date of promotion the petitioner was under suspension and Departmental Proceeding and charge sheet was already framed against the petitioner. At present, petitioner has not yet been exonerated from the charges which was leveled against him. Thus, the order of the Hon’ble High Court to refer to B.P.S.C for consideration of D.P.C. has been complied.” 5. In paragraph 13 of the show cause filed by opposite party no.4 the following statement has been made: “That it is humbly submitted that so far as statement made in paragraph no. 14 of the contempt petition is concerned, the Commission, as a recommending body, by considering the case of the petitioner, as mentioned in paragraph nos.3 & 4 of this show cause has complied with the order of this Hon’ble Court.” 6. It transpires from the show cause filed by the State government (opposite party no.3) that , in fact, the matter regarding promotion to the post of Superintending Engineer was placed before the Departmental Promotion Committee (D.P.C.) on 22nd October, 2005. Merely because the meeting of the D.P.C. took place at B.P.S.C., it cannot be said that the matter was not considered by the D.P.C. 7. There is no merit in this contempt petition. It is disposed of , accordingly. R.M. Lodha, CJ. Neyaz/- Kishore K. Mandal, J. 3