Ravi S.Dhavan, J.

1. This appeal under the Contempt of Courts Act, 1972 has, been filed against an order dated 24 September, 2001, a proceeding in civil contempt, numbered as MJC. No. 2240 of 1999: Smt. Chintamani Sinha V/s. State of Bihar and others. On 16 July, 2001, the array of parties was permitted to be amended. The appellant had been added as an opposite party no. 7, Sri A.K. Upadhyay, Secretary, Road Construction Department, Government of Bihar, Patna. Thus, initially, the appellant was not a party to the cause. By this order, the petitioner Smt. Chintamani Sinha also received an order of the court that she may file a fresh representation before the Commissioner-cum-Secretary of the department and the latter may have the opportunity to consider the claim and pass a reasoned order. The representation was permitted to be filed within a week. Thereafter, Commissioner-cum-Secretary of the Road Construction Department was given time to act on the representation within three weeks. Thus, it is on record that the Commissioher-cum-Secretary of the Road Construction Department, who happens to be the appellant comes into the picture on the order dated 16 July 2001.

2. The rec