1 2025:CGHC:54537 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1656 of 2025 1 - Yogendra Kumar Dubey S/o Late Achchhelal Dubey, Aged About 61 Years R/o. Near Omkar Nursing Home, Ware House Road, Bilaspur Chhattisgarh 2 - Smt. Vidyavati Dubey Wd/o Late Achchhelal Dubey, Aged About 80 Years R/o. Near Omkar Nursing Home, Ware House Road, Bilaspur Chhattisgarh 3 - Vinay Dubey S/o Late Achchhelal Dubey, Aged About 58 Years R/o. Near Omkar Nursing Home, Ware House Road, Bilaspur Chhattisgarh 4 - Smt. Seema Mishra D/o Late Achchhelal Dubey, Aged About 55 Years R/o. Near Omkar Nursing Home, Ware House Road, Bilaspur Chhattisgarh ... Petitioner(s) versus 1 - Shri Sanjay Agarwal Working As Collector Cum Authorsied Officer, District Cooperative Central Bank Ltd Bilaspur (C.G.) 2 - Shri Sunil Sodhi, Currently Posted As O.S.D. Apex Bank, Raigarh (C.G.) 3 - Shri Prabhat Mishra, Working As Chief Executive Officer, District Cooperative Central Bank Ltd. Bilaspur (C.G.) ... Respondents For Applicant : Mr. Ali Asgar, Advocate. Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 10/11 /2025 1. Learned counsel for the applicant would submit that the respondents have deliberately not complied with the order passed by this Court on 01.07.2019 in WP No. 5219/1999 wherein following order has been passed:- “31. For all the aforesaid reasons, the impugned orders passed by the disciplinary authority vide Annexures P/23, P/25 and P/27, dated 29.04.1998, 10.09.1998 and 22.12.1998 respectively is not sustainable and the same deserves to be and is accordingly set aside. 32. Since this court is setting aside the impugned orders on the ground of technicalities of it being violative of principles of natural justice, as a natural consequence the matter ought to have been remitted back to the disciplinary authority for conducing a fresh department enquiry altogether. However, since the delinquent employee in the instant case has, pending ARUN KUMAR DEWANGAN Digitally signed by ARUN KUMAR DEWANGAN Date: 2025.11.11 16:58:40 +0530 2 the petition, died and as such fresh enquiry is not practical any further. 33. Therefore, this court is of the opinion that ends of justice would meet if the writ petition is allowed and on the quashment of the order of termination and also quashment of the orders passed by the Joint Registrar and Board of Revenue. The petitioners are ordered to be entitled for all consequential benefits that would flow to the petitioners on the termination order getting set aside/quashed.” 2. He would further submit that this order has been assailed by the District Cooperative Central Bank Limited before Hon’ble Division Bench of this Court by filing WA No. 252/2020 which has been dismissed vide order dated 11.10.2023. After that they moved representation before the authorities and the respondent authorities vide memo dated 25.04.2025 has sanctioned gratuity amount of Rs. 1,69,754/- but Rs. 59,227/- has been deducted towards HRA. He would further submit that the respondent authorities have wrongly calculated the amount without following the direction issued by this Court which has caused loss to the applicant and would pray for initiating contempt proceeding against the respondent authorities for not complying the order passed by this Court in its letter and spirit. 3. Since the respondents have already complied with the order passed by this Court and whether they have rightly calculated the amount or not and whether they have complied the order passed by this Court in its letter and spirit, are not the subject matter of the instant contempt petition. If the applicants are aggrieved with the impugned calculation of the amount, they can very well take recourse of remedy available to them under the law but not under the contempt jurisdiction this Court. 4. In view of the abovestate position, the contempt petition is disposed of granting liberty to the applicants to take recourse of remedy available to them under the law. 5. It is made clear that this Court has not examined whether calculation of amount is wrong or right and the same shall be decided in appropriate stage by appropriate forum under the law. Sd/- (Narendra Kumar Vyas) Judge Arun