1 2025:CGHC:45591 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 418 of 2016 Order Reserved on : 01/07/2025 Order Delivered on : 08/09/2025  Bal Krishna, S/o Late Shri Appa Rao, aged about 38 years, R/o Dipka Qr. No. M-531, Post Gevra Project, Police Station Dipka, District Korba (C.G.). ... Petitioner versus  Shri B.R. Reddy, Chairman-cum-Managing Director, South Eastern Coalfields Limited, Seepat Road, Thana Sarkanda, Bilaspur, District Bilaspur (C.G.). ... Respondent For Petitioner : Mr. Bal Krishna, Petitioner in person. For Respondent : Dr. N.K. Shukla, Sr. Advocate with Mr. Vinod Deshmukh. Hon’ble Smt. Justice Rajani Dubey 2 (C.A.V. Order ) 1. The petitioner in person namely Bal Krishna had filed writ petition being W.P.(S) No.354/2013 assailing the legality and validity of the appellate order dated 06/13.07.2012 and the order dated 03.07.2008 by which he was terminated from services after holding a regular departmental enquiry under the Certified Standing Order (for short ‘the CS’) of the respondent – South Eastern Coalfields Limited (for short ‘the SECL’). The said writ petition, vide order date 22.03.2016, was allowed by the learned Single Bench of this Court and it was ordered to set aside the termination order dated 03.07.2008 as well as the appellate order dated 06/13.07.2012 entitling the petitioner in person for consequential relief of back wages and continuity of service on the post held by him at the time of termination and the respondent-SECL was directed to reinstate the petitioner in person in service and to pay the entire arrears of salary and allowances from the date of his termination till the date of reinstatement. Being aggrieved by the said order dated 22.03.2016, the SECL authorities had preferred a writ appeal being W.A. No.233/2016, which, vide order dated 04.07.2016, was also dismissed with exemplary cost of 3 Rs.10,000/- on the ground of taking totally false grounds. In the meanwhile, the petitioner was not reinstated in service for one and other reasons, & thereafter, he had preferred contempt petition being Cont No.300/2018, which was also disposed of reserving the liberty in favour of the petitioner to move again, if upon submission of joining by the petitioner the authorities of SECL refused to allow him to join the duties on the post on which he was working prior to the date of his termination. According to the petitioner, the respondent -SECL has willfully disobeyed the orders passed by this Court and did not re-instate him in the service and also did not pay entire arrears of salary and allowances. Hence this contempt petition. 2. The petitioner in person submits that despite there being specific order dated 22.03.2016 passed by this Court, the respondent/contemnor did not comply with the same and the petitioner was not reinstated in service and not paid the entire arrears of salary and allowances. Therefore, the respondent/contemnor is liable to be punished suitably for deliberate non-compliance of the order of this Court. 3. Dr. N.K. Shukla, Sr. Advocate appearing respondent/contemnor submits that the petitioner is heavy 4 machine driver and was working to the post of EPGH (Excavation Plant Grease Helper) at excavation workshop Dipka Expansion Project Mines at the time of termination and he was doing the work of maintenance and repair of heavy earth moving machine like dozer, dumper, drill, grader etc., however, due to report of medical examination, he was not fount fit for doing the said job and if he is allowed to work in his original job, there is endanger to his own life as well as other co-workers. Learned counsel also submits that so far as other part of compliance of the order of this Court in respect of back wages with all consequential benefits including increment and arrears, an amount of Rs.46,72,017.62/- has been paid to the petitioner in his account vide Document-3, which is copy of bank document, as such, the order of this Court has been complied with in its letter and spirit. 4. Heard learned counsel for the parties and perused the material available on record. 5. The petitioner has filed this contempt petition for non- compliance of this Court’s order dated 22.03.2016 passed in W.P.(S) No.354/2013, wherein it was observed in para 19 and 20 as under :- 5 “19. In view of the above facts and circumstances of the case, the order of termination dated 03.07.2008 as well as the appellate order dated 06/13.07.2012 deserved to be and are hereby quashed. The petitioner is also entitled for consequential relief of back wages and continuity of service on the post held by him at the time of termination. 20. Accordingly, it is directed that the respondents shall reinstate the petitioner in service and shall also pay the entire arrears of salary and allowances to the petitioner from the date of his termination till the date of reinstatement.” 6. The petitioner filed this petition on 03.10.2016 and this Court in its order sheet dated 25.07.2024 observed as under :- “The submission is made that the amount of Rs.46,72,017.62/- has been deposited in the account of the petitioner, which is for the arrears and has been deposited with deduction. It is further submitted that an amount of Rs.46,72,017.62/- has been deposited into the account is undisputed. Further it is submitted that the petitioner was medically examined and founf unfit, however, he gave an application to be examined by the apex body. 6 The petitioner who is in person would submit that he has not received the notice with respect to appearing before the apex body which according to the contemnor was fixed on 24.07.2025. Raj Kumar Sharma who is present in person would submit that whenever the petitioner is called on the phone, filthy abuses were being hurled, which has been recorded. The institution is free to take action for such act of the petitioner. The petitioner shall appear before the apex medical body on 10th August, 2024 at Bilaspur.” 7. The respondent has also filed affidavit on 27.08.2024 along with medical report dated 10.08.2024 in respect of the petitioner, wherein it was reported by Apex Medical Board as under :- Sl. No. Name Father’s name Area Report 1. Sri Balkrishna Sri Appa Rao Dipka Unfit due to Bilateral mixed hearing loss (Right Mild Mixed hearing loss (4K Dip) with left moderated hearing loss with no vision in left eye. 7 8. According to the affidavit filed by the respondent, an amount of arrears of Rs.46,72,017.62/- has been deposited in petitioner’s account which fall due to him. It is also clear that as per order of this Court, the respondent had constituted Apex Medical Board and also conducted medical examination of the petitioner and deposited all due amount of arrears to the petitioner in person in his account. Therefore, in the facts and circumstances of the case, since the order of this Court stands complied with, no case for contempt is made out against the respondent. Accordingly, the contempt proceedings are hereby dropped. The petition, thus, stand disposed of. Sd/- (Rajani Dubey) Judge pekde Digitally signed by VIJAY BHARATRAO PEKDE