IMPORTANT POINT
Orders and judgments of Court are meant to be obeyed and not to be disobeyed, with impunity.

JUDGMENT

Fakkir Mohamed Ibrahim Kalifulla, J.-Leave granted.

2. 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 contempt of its order dated 21.8.1995 passed in CWJC No.4369/1994. While convicting him for contempt, the learned Judge imposed simple imprisonment of two months apart from a fine of Rs.2000/-. The order was, however, suspended for a period of four weeks to enable the appellant to approach this Court. 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. .

3. At the very outset, it is pertinent to mention that this Court by order dated 11.09.2009 dismissed the Special Leave Petition as against respondent No.1 as the petitioner failed to file application for substituted service in regard to respondent No.1. .

4. We heard learned counsel for the appellant as well as learned counsel for the respondent. We have also perused the order impugned in this appeal. 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. Subsequently, considering his representation, he was reappointed by memo No.1471 dated 28.2.1980. While reappointing him, the said order mentioned that Shri Shiv Prasad Singh would get the basic starting pay of Rs.296/- and will not be entitled for any future promotions. The said order became final and Shiv Prasad Singh was reappointed as per order dated 28.2.1980. 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 Government’s scheme. Irrespective of the specific directions contained in reappointment order dated 28.2.1980, the said writ petition was disposed of by order dated 21.8.95. The said order was to the following effect:- “It is no doubt that the order as contained in annexure ‘1’ was passed in the year 1980 and the petitioner did not 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 not be denied the benefit arising therefrom only on account of the impugned order (annexure 1) if he is otherwise eligible and found suitable. However, it has rightly been pointed out by the learned standing counsel that as the representation of the petitioner is still pending before the Commissioner, Food and Civil Supply, Govt. of Bihar (respondent No.2) be directed to dispose of the same.

Accordingly, after having heard the learned counsel 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 copy of this order, the certified copy of which shall be produced along with the copy of the said representation before respondent No.2 by the petitioner within two weeks.”

5. 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. His salary was fixed in the revised scale of Rs.5500-9000. 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 contravention of the conditions contained in the reappointment order dated 28.2.1980 and so saying cancelled the said promotions. The salary was also fixed in the pre-revised scale of Rs.296/-. The corresponding revised scale was stated to be Rs.5000-8000/-.

6. Consequent to the said orders dated 25.7.2003 necessary orders revising salary in the lowest scale