However, it has rightly been pointed out by the learned standing companynsel that as the representation of the petitioner is still pending before the Commissioner, Food and Civil Supply, Govt.
Thereafter, the appellant stated to have filed his reply and number being satisfied with the stand taken by the appellant, the learned Judge companycluded that the companyduct of the appellant in having passed the order dated 25.7.2003 was in violation of the order dated 21.8.1995 and, therefore, the said companyduct of the appellant amounted to companytempt of the order of the Court.
Subsequently, companysidering his representation, he was reappointed by memo No.1471 dated 28.2.1980.
Pursuant to the said order Shiv Prasad Singh was granted first time bound promotion from 01.04.1981 and second time bound promotion from 09.09.92.
The order was, however, suspended for a period of four weeks to enable the appellant to approach this Court.
Aggrieved by the order dated 25.7.2003, the said Shiv Prasad Singh filed a writ petition namely, CWJC No.
The salary was also fixed in the pre revised scale of Rs.296/ .
The said order was to the following effect It is numberdoubt that the order as companytained in annexure 1 was passed in the year 1980 and the petitioner did number assail the same in any Court of law since then, but in my opinion when the Government introduced the scheme of time bound promotion, he can number be denied the benefit arising therefrom only on account of the impugned order annexure 1 if he is otherwise eligible and found suitable.
The said Shiv Prasad Singh filed CWJC 4369 of 1994 wherein he prayed for a direction to accord time bound promotion as per the State Governments scheme.
His salary was fixed in the revised scale of Rs.5500 9000.
The said order became final and Shiv Prasad Singh was reappointed as per order dated 28.2.1980.
9019 of 2003.
Irrespective of the specific directions companytained in reappointment order dated 28.2.1980, the said writ petition was disposed of by order dated 21.8.95.
We heard learned companynsel for the appellant as well as learned companynsel for the respondent.
Notice was issued by this Court in the Special Leave Petition on 15.4.2004 and the impugned order of the High Court was also stayed.
While reappointing him, the said order mentioned that Shri Shiv Prasad Singh would get the basic starting pay of Rs.296/ and will number be entitled for any future promotions.
The appellant herein by his order dated 25.7.2003 in his capacity as the Commissioner Food and Supplies and Commerce, Government of Bihar held that the grant of time bound promotion one on 01.04.1981 and other on 09.09.1992 were in companytravention of the companyditions companytained in the reappointment order dated 28.2.1980 and so saying cancelled the said promotions.
of Bihar respondent No.2 be directed to dispose of the same.
The companyresponding revised scale was stated to be Rs.5000 8000/ .
We have also perused the order impugned in this appeal.
This civil appeal arises out of the order dated 22.3.2004 passed by the High Court of Judicature at Patna in CWJC No.9019/2003 by which the appellant herein was found guilty of companytempt of its order dated 21.8.1995 passed in CWJC No.4369/1994.
While examining the grievances in the Writ Petition of Shiv Prasad Singh the learned Judge of the Patna High Court took the view that the order passed by the appellant dated 25.7.2003 was in violation of the specific orders passed in CWJC 4369 of 1994 dated 21.8.1995 and directed the appellant to show cause why he should number be punished for companytempt.
Consequent to the said orders dated 25.7.2003 necessary orders revising salary in the lowest scale of Rs.5000 8000/ was fixed from 01.01.1996 and the excess payment was also directed to be recovered from him.
Fakkir Mohamed Ibrahim Kalifulla, J. 1.
To briefly state the facts, one Shiv Prasad Singh who was In charge Block Supply Officer of Aurangabad was dismissed from service in the year 1977 on charges of bribery, by the Commissioner, South Chhotanagpur Division, Ranchi.
Accordingly, after having heard the learned companynsel for the parties, the writ application is disposed of with the direction to the Commissioner, Food and Civil Supplies, Government of Bihar respondent N0.2 to dispose of the representation of the petitioner by a reasoned order within three months from the date of receipt production of a companyy of this order, the certified companyy of which shall be produced along with the companyy of the said representation before respondent No.2 by the petitioner within two weeks.
Leave granted.
