1 2025:CGHC:8695 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 224 of 2025 Partha Sarathi Saha S/o Late D.K. Saha Aged About 58 Years C/o Kolkata Sweets, Charoda Bus Stand, Bhilai Marshalling Yard, Durg, District Durg Chhattisgarh. (Present Address) ... Petitioner versus 1 - Manoj Gurumukhi Senior Deputy General Manager (Sdgm) And C.V.O. South East- ern Central Railway, Bilaspur District Bilaspur Chhattisgarh. 2 - Manish Agrawal Senior Divisional Operations Manager South Eastern Central Rail- way, Raipur, District Raipur Chhattisgarh. ... Respondents --------------------------------------------------------------------------------------------------- For Petitioner : Mr.Syed Majid Ali, Advocate For Respondent : none --------------------------------------------------------------------------------------------------- Hon'ble Shri Arvind Kumar Verma, Judge Order on Board 19.02.2025 1. The present contempt petition has been filed by the petitioner under Article 215 of the Constitution of India read with Section 12 of the contempt of courts act, alleging non-compliance of order of this Court dated 21.10.2024 passed in WPC No. 5245/2025. Relevant portion of order dated 21.10.2024 reads as under:- “4. Be that as it may, at this stage, without entering into the merits of the case, this writ petition is disposed of with a direction to the respondent competent authority to decide the pending representation of the petitioner (Annexurre P/9) within the period of 90 days from the date of receipt of copy of this order in accordance with the relevant rules and law applicable to the case of the petitioner. 5. The petitioner is at liberty to supply an additional copy of the 2 representation (Annexure P/9) to the respondents along with the copy of this order. 6. With these observation(s) and direction(s), this petition is disposed of.” 2. Learned counsel for the petitioner would submit that even after clear direction issued by this court to decide the representation the respondent no. 2 against whom the complaint is being made has passed the order with a subjected reference of WPC No. 5245/2024. The respondents have clearly flouted the court’s order. It is apparent that it was addressed to SDGM & CVO and the representation has been decided by Sr. DOM/SECR/R with an intention to bypass the court’s order. After receiving the communication letter dated 15.01.2025 petitioner again made a representation to the respondent no. 1 on 05.02.2025 in this regard appraising the respondent no. 1 that the order has not been complied with and his representation has not been considered in an objective manner but till date no response has been received by the respondent authorities. 3. I have heard learned counsel for the petitioner and perused the record with utmost circumspection. 4. On bare perusal of the record it is crystal clear that as per Annexure C/3 Senior DCM SSCR/R ordered that in it is clear that the entire allegation raised by applicant regarding treatment of absence has no substance. Since the issue regarding the absent period has been finally dealt by the administration and has reached its conclusion. At the end applicant are once again advised that to attend to Chief Medical Superintendent S.E.C. Railway BMY for medical examination. This disposes of his representation 01.08.2020(Annexure P/9) in compliance of the direction of the High Court, Bilaspur. 5. Representation filed by the petitioner on 01st of August, 2020 in 3 compliance of the order of this court. Stating that the representation was decided by senior DOM which is against the order of this court, as it is not the competent authority, therefore there is a willful disobedience of the order of this court. On perusal of the direction given by this court it is found that competent respondent authority has decided the pending representation of the petitioner. Once representation has been decided only remedy available to the petitioner is to assail the order of the respondent. 6. There pertains no willful disobedience of the order of this court and complied with therefore, contempt proceedings against the respondent authority is hereby closed and is disposed of accordingly. sd/- (Arvind Kumar Verma) Judge alfiza