1 2025:CGHC:31187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 967 of 2025 1 - Radhe Krishna Kashyap S/o Late Shri Ghanaram Kashyap Aged About 62 Years R/o Galaxy Residency, Amlidih, Police Station- New Rajendra Nagar, District- Raipur Chhattisgarh. ... Petitioner(s) versus 1 - Smt. Shahila Nigar Agricultural Production Commissioner And Secretary Agriculture And Farmers Welfare And Biotechnology Department, Mahanadi Bhavan, Naya Raipur, Atal Nagar, District- Raipur Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Prakash Tiwari, Advocate Hon’ble Shri Justice Ravindra Kumar Agrawal, J Order on Board 08/07/2025 1. The present contempt petition is filed by the petitioner against the inaction on the part of the respondent, who, without any justifiable reason, withheld the retiral dues of the petitioner despite giving an affidavit in W.P.(Cr.) No. 196/2022 and issuance of No-Dues certificate on 30-10-2024. 2. Learned counsel for the petitioner would submit that the petitioner has retired from the post of Joint Director, Agriculture, on 30-09-2024. During his tenure at Ambikapur from the year 2003 to 2006, a complaint was made against him regarding certain financial irregularities. On the direction of the learned Trial SAGRIKA AGRAWAL Digitally signed by SAGRIKA AGRAWAL Date: 2025.08.26 10:14:12 +0530 2 court, the FIR for the offence under Section 420, 409, 467, 468, 120-B, 34 of the IPC was registered against the petitioner, in which he remained in jail from 10-03-2020 to 09-04-2020, and subsequently, he was placed under suspension. On 19-11-2020, the competent authority refused to grant the sanction for the prosecution of the petitioner and simultaneously directed to drop the proceeding against the petitioner, and ultimately, the suspension of the petitioner was revoked on 09-02-2022. The petitioner had filed a W.P. (Cr.) No. 196/2022 before this Court, for quashing the criminal proceeding in which, on 05-07-2023, the state was directed to file an affidavit with respect to the status of the sanction for prosecution of the petitioner. Thereafter, vide order dated 18-07-2023, the writ petition is disposed of observing that the sanction for prosecution has already been rejected on 19-11-2020. He would further submit that the petitioner is retired on 30-09-2024. But till date, his retiral dues are withheld, without there being any legal embargo, which amounts to willful violation of the observation of this court, and the respondent authorities are liable to be punished for Contempt of Court. 3. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 4. The petitioner has filed the instant contempt petition claiming that, without there being any lawful authority, the respondent authorities withheld the retiral dues of the petitioner despite the observation of the Hon’ble division Bench of this Court in W.P.(Cr.) No. 196/2022. Learned counsel for the petitioner tried to convince this court by saying that in the order dated 18-07- 2023, passed in W.P.(Cr.) No. 196/2022, the Hon’ble Division Bench has observed that the affidavit filed by Dr. Kamalpreet Singh in the case and as per the affidavit, the investigation has been done, but the prosecution sanction has been rejected, and the writ petition is disposed of. The relevant part of the order is reproduced hereinbelow:- “2- Learned State counsel submits that pursuant to the order passed by this Court on 05-07-2023, Dr. Kamalpreet 3 Singh, Secretary, Department of Agriculture, Government of Chhattisgarh has filed his affidavit deposing that the threadbar investigation was done by the police concerned, based upon which haste request for grant of prosecution sanction was sent before the Collector, Surguja, but since the petitioner’s Department is Agriculture, letter/request dated 06- 06-2020 was sent by the Collector to the Secretary, Government of Chhattisgarh for grant of sanction, which has been rejected on 19-11-2020 itself. In view of the same, the present petition stands disposed of.” 5. From perusal of para 2 of the order dated 18-07-2023, it is quite clear that there is no direction or order to the authorities to act in any particular manner or to do anything. It is only on the affidavit that the matter was investigated thoroughly and since, the sanction for prosecution was not granted by the department, the writ petition is disposed of. Neither there is any direction to pay the retiral dues of the petitioner, nor any consideration about the issue. It is only a writ petition for quashing of the FIR of Crime No. 61/2019 and also for setting aside the order dated 22-06-2009, passed by the learned JMFC, which was for registration of the FIR. 6. From perusal of the order under contempt, it transpires that grievance of the petitioner is to be the subject matter of another proceeding, but not under the contempt proceeding. The petitioner has another remedy to redress his grievances, which have been raised in the present petition. From perusal of the entire material produced with the petition, this court does not find any willful or deliberate violation of the order dated 18-07-2023 passed by the Hon’ble Division Bench of this Court in WP (Cr.) No. 196 of 2022. 7. Accordingly, the contempt petition is liable to be and is hereby dismissed. Sd/- (Ravindra Kumar Agrawal) Judge sagrika