1 2025:CGHC:2981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 82 of 2025 • V.V. Malaiya, S/o Bhagirathi Malaiya, Aged About 55 Years, Presently Working As Sub-Divisional Officer, Water Resources Sub-Division, Fingeshwar, District Gariyaband, Chhattisgarh. ... Petitioner/Applicant versus 1. Mr. Rajesh Sukumar Toppo, Secretary, Water Resources Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, New Raipur, District Raipur, Chhattisgarh. 2. S.K. Burman, Posted As Executive Engineer, Water Resources Division, Gariyaband, District Gariyaband, Chhattisgarh. 3. Kuleshwar Joshi, Presently Posted As Sub-Divisional Officer, Water Resources Division, Fingeshwar, District Gariyaband, Chhattisgarh. ... Respondents (Cause title taken from Case Information System) For Petitioner : Mr. Krishna Kumar Dewangan, Advocate. For Respondents : None. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 17/01/2025 1. The instant contempt petition has been filed 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 05.12.2024 passed in WP(S) No.7390/2024. 2. This Court has passed the following order dated 05.12.2024 in WP(S) No.7390/2024 in paras 5 & 6 :- “5. Taking into consideration the fact that the petitioner was transferred vide order dated 15.03.2024 issued by respondent No. 1 and he was transferred from the office of Superintending Engineer, Indrawati Project Circle Jagdalpur to the office of Sub Divisional, Water Resources Sub Division, Fingeshwar, District Gariyaband, but till date he has not been relieved, therefore, the petition filed by the petitioner is allowed. It is unfortunate that the petitioner who was transferred in 2 the month of March 2024 has been compelled to prefer a writ petition to get an order of relieving, therefore, respondent No. 1 is directed to issue relieving order within period of 10 days from the date of receipt of copy of this order. The State is also directed to pay cost of writ petition Rs.10,000/- to the petitioner. 6. With the aforesaid observation(s) / direction(s), the writ petition is allowed.” 3. As per the aforesaid order, respondent No.1 has been directed to relieve the petitioner within 10 days. 4. When specific question was posed to the counsel for the applicant that whether petitioner has been relieved or not, then he submit that petitioner has been relieved from the office of Superintending Engineer, Indrawati Project Circle Jagdalpur to the office of Sub Divisional, Water Resources Sub Division, Fingeshwar, District Gariyaband (C.G.), but charge of present post has not been given to the petitioner. 5. Perusal of aforesaid order under contempt dated 05.12.2024 shows that, there is only direction to relieve the petitioner from the office of Superintending Engineer, Indrawati Project Circle Jagdalpur to the office of Sub Divisional, Water Resources Sub Division, Fingeshwar, District Gariyaband (C.G.) and also to pay Rs.10,000/- cost to the petitioner. 6. Since petitioner has been relieved and nothing has been mentioned with regard to the payment of cost, hence, nothing remains in instant contempt case. Thus, no case of contempt is made out, as such I do not find any reason to proceed further in the matter, initiating contempt proceeding against the respondents. 7. Accordingly, contempt proceeding is dropped. No order as to costs. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.01.17 17:49:23 +0530