Full Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.2066 of 2011 Hari Gopal Basak & Ors Versus The State Of Bihar & Ors ---------------------------------- 3. 11.01.2012 Heard learned counsel for the petitioners and the opposite parties. It is submitted that in compliance of the order of the writ Court the respondents passed necessary appropriate orders granting the benefit of A.C.P. to the petitioners along with others on 29.3.2010. When the actual benefits of the same were not made available to the petitioners and directions were given on 12.10.2011 for personal appearance of opposite party nos. 3 and 4, out of spite they have passed fresh orders on 14.12.2011 varying the same to the prejudice of the petitioners contrary to law. The petitioners have been singled out for such treatment out of the several persons mentioned in the order dated 29.3.2010. They have been subjected to hostile discrimination vis--vis one Bipin Bihari Choudhary who is similarly situated but remains unaffected. There may be others similarly situated also. Counsel for the opposite parties submits that the order dated 29.3.2010 at Clause-2 itself stated that in the event of any error being detected 2 appropriate corrective action may be taken. The subsequent order dated 14.12.2011 adequately refers to the earlier order dated 29.3.2010 and that errors had been noticed. A Departmental Screening Committee considered the matter on 25.11.2011. On consideration of the matter, no further enquiry is possible in the contempt jurisdiction. For purposes of the present jurisdiction the order dated 14.12.2011 shall suffice. Whether the latter order is in consonance with the law, it was discriminatory and made out of spite or not, is a matter to be more appropriately considered in the writ jurisdiction where the petitioner can also avail such appropriate relief as he may be advised in the event that he succeeds. The contempt proceeding stands disposed. P. Kumar ( Navin Sinha, J.)