1 2025:CGHC:32766 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1038 of 2025 1 - Ramji Ram Manjhi S/o Late Ramvilas Manjhi, Aged About 75 Years R/o. Sattipara, Nehru Ward, Ward No. 21, Ambikapur, Ps And Post Ambikapur, District Sarguja Chhattisgarh ... Petitioner(s) versus 1 - Mr. Sonmoni Borah Secretary, Department Of Tribal Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh. 2 - Dr. Saransh Mittar, Commissioner, Tribal Welfare Department, Chhattisgarh, Raipur (Chhattisgarh) 3 - Mr. Rituraj Raghuvanshi, Director, Directorate Of Public Instruction (Dpi), Indrawati Bhawan, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Apoorva Ghore,, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 14/07/2025 1. The present contempt petition is filed for willful violation of the order dated 19-09-2024 (Annexure C-1) passed by the learned Single Judge of this Court in W.P.S. No. 4831/2014, whereby the order dated 28-01-2002 and 14-02- 2014, passed by the disciplinary authority and affirmed by the appellate authority are quashed, and liberty was reserved in favour of the disciplinary authority to proceed in accordance with law, if he wishes to do so. ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.08.25 18:40:05 +0530 2 2. Learned counsel for the petitioner would submit that by the order of penalty, the 05 annual increments were stopped with cumulative effect and the recovery of Rs. 21,407/- was ordered by the disciplinary authority and the same was upheld by the appellate authority. However, the impugned orders have been quashed by this Court. The consequence of the order passed by this Court is that the petitioner is entitled to get back the recovered amount and benefits of the 05 annual increments which were withheld with cumulative effect, but till date, no benefits have been extended to the petitioner despite making several representations. She would also submit that though liberty is reserved to the disciplinary authority to proceed in accordance with law, no further proceedings have been drawn by the disciplinary authority. Therefore, the inaction of the respondent authorities is in violation of the order dated 19-09-2024 passed in W.P.S. No. 4831/2014, and they may be punished for contempt of Court. 3. I have heard learned counsel for the petitioner and perused the material annexed with the petition. 4. The petitioner, when he was posted at the Government. Girls Hr. Sec. School, Kusmi, was served with a charge sheet on 21-02-1997. A departmental inquiry was conducted, and he was found guilty, and an order of penalty was imposed on 28-01-2002, i.e. stoppage of 05 annual increments with cumulative effect and recovery of Rs. 21,407/- from him. The order of penalty was affirmed in the departmental appeal filed by the petitioner vide order dated 14-02-2014. Both these orders have been quashed by this Court vide order dated 19-09-2024 passed in W.P.S. No. 4831/2014. Obviously, the consequence of the order dated 19-09-2024 passed in W.P.S. No. 4831/2014 is that the petitioner is entitled to get back the benefits which were withheld due to the penalty, which is ultimately quashed, until any adverse order is passed against him. Further, a liberty was also given by the order dated 19-09-2024 to the disciplinary authority to 3 proceed in accordance with the law, which gives the right to the disciplinary authority to proceed in the case of the petitioner in accordance with the law. Meaning thereby, the right to get back the said benefits is still under consideration as to whether the petitioner is entitled to the same or not. If the disciplinary authority again started the proceeding that culminated in his guilt, then the petitioner is not entitled to the benefits, and if the proceeding is not started or, in the proceeding, if any, the petitioner is exonerated, then he is entitled to the benefits. At this stage, it cannot be said that the authorities are willfully violating the order dated 19-09-2024 passed by this Court in W.P.S. No. 4831/2014. 5. However, considering the issue involved in the case, the authorities are expected to take a decision in the matter as early as possible, so that the grievance of the petitioner could be redressed, as he has been litigating since 1997 and 05 annual increments have been stopped with cumulative effect, and recovered Rs. 21,407/-, which substantially affects his consequential service benefits. 6. The petitioner is at liberty to approach the authorities concerned to apprise them of this order and to make his fresh representation to get the issue resolved at the earliest. It is expected from the authorities concerned that in the eventuality of filing a fresh representation along with a copy of this order, the same shall be decided in accordance with the law within a reasonable time. 7. With the aforesaid observation, the present contempt petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Alok