- (1.) THIS appeal is filed by the State of Bihar and its officers challenging the Order dated 14.8.1996 in MJC No. 143 of 1996(R), passed in a proceeding initiated under the Contempt of Courts Act. In this appeal filed under Section 19(1)(a) of the Contempt of Courts Act, the main ground urged is that the learned Judge, while disposing of the contempt case, has gone beyond the directions issued in CWJC No. 2246 of 1994(R) and against the Rules governing the service of the respondent and to that extent the said order requires to be modified.
(2.) WHEN this case was called on for hearing, none appeared either on behalf of the appellants or on behalf of the respondent. Any contention that the appellants may have against the judgment in CWJC No. 2246 of 1994 cannot be agitated by the appellants in this appeal against the proceedings initiated under the Contempt of Courts Act. But what is essentially pointed out is that the learned Single Judge, while passing the order in proceedings under the Contempt of Courts Act, has gone beyond the judgment in the writ petition and the Rules governing the grant of time bound promotion. The learned Judge in the order under appeal directed the appellants to withdraw a letter, which has been issued pursuant to the main judgment as Annexure -K.
(3.) WE think that in the circumstances, it has to be clarified that after withdrawing the letter (Annexure K) the appellants may issue an order in compliance with the directions contained in CWJC No. 2246 of 1994 and in terms of the relevant Rules governing the grant of time bound promotion, if they do not in any manner go against the specific directions contained in the said writ petition.;