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2026 DAILYLAW 29582 (CHH)

DR. SEEMA JAISWAL v. MRS. SOMA BHATACHARYA

CONT/653/2019 · 2026-07-26

Shri Parth Prateem Sahu

Contempt Petitionbody2026

Judgment text

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1 CGHC010217202019 2026:CGHC:32102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 653 of 2019 Dr. Seema Jaiswal, W/o Shri Shesh Jaiswal, Aged About 51 Years, Senior Medical Officer, R/o Opposite - Primary School, Brij Vihar Colony, Mangla, Bilaspur Chhattisgarh. ... Petitioner versus 1 - Mrs. Soma Bhatacharya, Administrative Officer, C. L. Chouksey Memorial Homoeopathic Medical College, Hospital And Research Centre, Lal Khadan, Masturi Road, Bilaspur Chhattisgarh. 495004 2 - Dr. Satyajeet Thakur, C.L. Chouksey Memorial Homoeopathic Medical College, Hospital And Research Centre, Lal Khadan, Masturi Road, Bilaspur Chhattisgarh. 495004 3 - Aashish Jaiswal, the Managing Director Of The Chouksey Group Of College, Lal Khadan, Masturi Road, Bilaspur Chhattisgarh. 495004 4 - Dr. Sanjay Singh, Principal, C.L. Chouksey Memorial Homoeopathic Medical College, Hospital And Research Centre, Lal Khadan, Masturi Road, Bilaspur Chhattisgarh. 495004 ... Respondents GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.29 16:00:11 +0530 2 For Petitioner : Mr. Neeraj Choubey, Advocate. For Respondents : Mr. Amrito Das, Senior Advocate with Mr. Yashraj Verma & Mr. Mayank Chandrakar, Advocates. SB: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 27/07/2026 1. Petitioner has filed this contempt petition against the alleged disobedience of the order dated 3/08/2018 passed in WPS No.5137/2017. 2. Learned counsel for the petitioner would submit that in this contempt petition considering the conduct of the respondents, Court has framed charges against respondents No.1 & 3 on 14/03/2024. Against the order dated 14/03/2024 of framing of charge, the respondents No.1 & 3 have filed miscellaneous appeal number 36/2024 which came up for hearing before the Division Bench on 14/07/2025. The miscellaneous appeal was disposed of with an observation that the college would release the admissible retiral dues to the respondent, in accordance with the rules. 3. Learned counsel for the petitioner would further submit that even after observation made by the Division Bench of this Court, entire dues have not been paid to the petitioner in particularly the salary due to the petitioner for a period from September, 2019 to February, 2025. 3 4. Learned counsel for the respondents would submit that in view of the order dated 14/07/2025 passed in MA No.36/2024, charges framed in this contempt petition has already been dropped. This contempt petition itself is to be disposed of in light of the order dated 14/07/2025 passed in MA No.36/2024. He also submits that the Division Bench of this Court has considered all the aspect of the case and thereafter has ordered for dropping of the charge. It is further contended that thereafter pursuant to the observation made by this Court as also the Division Bench in MA No.36/2024, retiral dues to be paid to the petitioner was computed. The respondents have computed the amount of gratuity to be paid to the petitioner to the tune of Rs.1,33,198/-, calculation sheet is filed along with covering memo dated 6/05/2026 and out of Rs.1,33,198/- sum of Rs.81046/- was earlier paid to the petitioner. Difference amount of Rs.52152/- was transferred in the account of the petitioner directly through bank which is also evident from document ‘B’ no other retiral dues is pending to be paid to the petitioner. 5. I have heard learned counsel for the parties and also perused the documents placed on record as also order sheets of this contempt petition and the order dated 14/07/2025 passed by the Division Bench in MA No.36/2024. 6. The order subject matter of contempt petition would show that there was a direction to allow the petitioner therein to join and 4 give her consequential benefits as per law. There is no mention of making payment of the back wages to the petitioner. In the order dated 14/07/2025 passed in MA No.36/2024 also there is an observation that the college would release the admissible retiral dues of the respondent. From the calculation sheet which is placed on record as document ‘A’ would show that out of Rs.1,33,198/- sum of Rs.81046/- was earlier paid to the petitioner and the difference amount to be paid to the petitioner was Rs.52152/- and according to the document ‘B’ a sum of Rs.52,152/- is transferred to the account of the petitioner on 04/05/2026. 7. As the Division Bench of this Court in MA No.36/2024 vide order dated 14/07/2025 has dropped the charges framed against the appellants therein on 14/03/2024 nothing survives in this contempt petition to continue with this contempt petition and accordingly, the contempt proceedings initiated against the respondents is dropped and notice issued is discharged. Contempt petition is closed. 8. If petitioner is having any other grievance with regard to payment of salary or other dues, she will be at liberty to file appropriate proceedings, in accordance with law. Sd/- (Parth Prateem Sahu) Judge gouri