Patna High Court on Friday observed that the director of Bihar forensic science laboratory (FSL) was not suitable for the post but it left it to the state government to decide his fate.

The court ruled this while hearing a bail application of Dilip Kumar alias Dilip Ram, who had approached the high court after state FSL director Umesh Kumar Sinha failed to appear in a lower court at Dehri-on-Sone in Rohtas despite repeated summons by a lower court with regard to Dilip's bail petition, which he had earlier filed in Dehri court.

Dilip Kumar was arrested in 2010 in a criminal case.

A single bench of Justice A.K. Trivedi in his order on Friday said: "Considering the conduct of the director, FSL, the court feels that he should not be allowed to retain such a responsible post. However, for that the state government is to take decision whether such kind of erring official should be allowed to continue and for that, a copy of this order be served to Advocate General, Patna, Bihar."

Justice Trivedi said: "Furthermore, his (Sinha) conduct speaks a lot whereupon, he is show-caused as to why not a contempt proceeding be initiated against him and for that, he is directed to furnish a show cause with his physical presence on February 21."

Sinha, was earlier directed to file a supplementary reply to the show cause, which he filed in the court on Friday.

However, the court was not satisfied with his reply, as justice Trivedi's order stated: "The director - cunningly, malafidely in the supplementary show cause failed to incorporate the point wherein under he was directed specifically to inform the bench as to whether he had deposed before the lower court or not in the background of the fact that the accused was behind bar and for speedy disposal the high court was taking all sincere efforts in procurement of presence of witnesses. Such intentional act at the end of the director is indicative of the fact that he is bent upon to flout the order of the court."

Petitioner's counsel Ashok Kumar said the case relates to 2010 while the high court had last year asked for a report from the court of judicial magistrate, first class, Dehri, Rohtas, regarding the stage of the trial as well as the estimated time where trial is likely to be concluded in connection with the case.

As directed by the high court, the Dehri court submitted the report to the high court from which it was evident that after framing the charges a witness was examined. Accordingly, the high court then directed the superintendent of police, Rohtas to produce the remaining witnesses so that the lower court will proceed with the trial on day-to-day basis till its conclusion, further directing the SP Rohtas and the lower court to submit compliance report to it.

This January, as per the compliance report submitted by the lower court, the high court found that the director, FSL, did not appear in the court for his evidence, despite direction from the lower court, terming it wilfully showing disrespect to the court.

Taking strong exception to this, the bench on Friday directed Sinha to remain present in the court on February 21 with his reply.