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2025 DAILYLAW 22124 (CHH)

CHANDRESH SHARMA v. SHRI ANBALGAN P.

CONT/618/2024 · 2025-01-16

Shri Naresh Kumar Chandravanshi

Contempt Petitionbody2025

Judgment text

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1 2025:CGHC:2719 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 618 of 2024 Chandresh Sharma S/o Late Shri D.C. Sharma Aged About 60 Years R/o Court Road, Opposite Annapurna Lodge, Baikunthpur, Police Station - Baikunthpur, District - Koriya, Chhattisgarh. ... Applicant versus 1 - Shri Anbalgan P. Secretary General Administration Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh. 2 - Shri Rajesh Sukumar Toppo Secretary Water Resource Department, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh. ... Respondents (Cause title, as taken from CIS) For Applicant : Mr. Abhishek Singh, Advocate For Respondents : Mr. Anup Majumdar, Advocate (Hon’ble Shri Justice Naresh Kumar Chandravanshi ) Order on Board 16/01/2025 1. This Contempt petition has been preferred by applicant under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971 for non-compliance of the order dated 25.1.2024 (Annexure-C/1) passed in WPS No.185/2024. 2 2. On 25.1.2024 in WPS No.185/2024, this Court has passed following order in para 4 & 5, which reads as under:- “4. In view of the above submissions made by learned counsel for the parties and the reasons assigned for rejection of the claim of the petitioner in the impugned order, without going on merits of the case, it would be appropriate to direct respondent No.1 and 6 to re-consider the claim of the petitioner and pass a fresh order regarding the absorption of the petitioner within any Corporation/Board within ‘45 days’ from the date of receipt of copy of this order in accordance with the law and relevant rules/policies. 5. With the aforesaid direction, the present writ petition stands disposed of.” 3. Learned counsel for the applicant would submit that representation of the applicant has been rejected vide order dated 12.8.2024 (Annexure- R/1) passed by the Deputy Secretary, Revenue and Disaster Management, Govt. of Chhattisgarh. He would further submit that the order under contempt has not been complied with in its letter and spirit, therefore, the contempt proceeding may be initiated against the respondents. 4. Per contra, learned counsel appearing for the respondents, referring to its reply and order dated 12.8.2024, would submit that representation filed by applicant has been decided and he has not been found eligible for absorption in any Corporation/Board as it cannot be claimed as a right in light of the circular issued by the State Government. He would further submit that after resolution of Madhya Pradesh State Road Transport Corporation (for short “MPSRTC”), employees of MPSRTC 3 had been supposed to be absorbed in Chhattisgarh Infrastructure Development Corporation (CIDC). 5. Having considered the aforesaid contention and order dated 12.8.2024 (Annexure-R/1) passed by Deputy Secretary, Revenue and Disaster Management, Govt. of Chhattisgarh, it is found that order under contempt has been complied with, as such, no case of contempt is made out, therefore, this contempt petition is dismissed. 6. It is further observed that if applicant is not satisfied with the order passed by respondents with regard to his representation, then such fact gives fresh cause of action to the applicant, it could not be termed as non-compliance of order passed by the Court. Therefore, he may take recourse to law for redressal of his grievance, if any. 7. Accordingly, the rule issued to respondents is discharged and contempt proceeding is dropped. Sd/- (Naresh Kumar Chandravanshi) Judge Rukhsar RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.01.17 17:37:50 +0530