Dalsoo Ram Darro v. Mr. Vrindavan Sen

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Petition No.224 of 2021 (Arising out of judgment dated 14.02.2020 passed in Writ Appeal No.618 of 2019 by the learned Division Bench) Dalsoo Ram Darro S/o Raghunath Darro Aged About 59 Years R/o Quarter No. F/1, Irrigation Colony, Barpali, Korba, District Korba (Chhattisgarh) ---- Petitioner

Versus

1.

Mr. Vrindavan Sen Under Secretary, Water Resources Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (Chhattisgarh) 2.

Mr. Jayant Pawar Engineer-In-Chief, Water Resources Department, Shivnath Bhawan, Naya Raipur, District Raipur (Chhattisgarh) 3.

Mr. Vijay Jamnik Assistant Engineer, Office Of Executive Engineer, Water Resources Division, Balrampur, District Balrampur (Chhattisgarh) ---- Respondents For Petitioner : Shri Praveen Das, Advocate.

Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 10.03.2021 1.

The Petitioner has moved this Court for alleged contemptuous act on the part of the Respondents in giving effect to the verdict passed by this Court on 14.02.2020 in Writ Appeal No.618 of 2019. 2.

Shri Praveen Das, the learned counsel for the Petitioner submits that the above writ appeal was allowed giving specific directions after setting aside the impugned order whereby the 4th Respondent who was occupying a lower pedestal was put on place after transferring the

Petitioner herein, who was holding the cadre post of Executive Engineer. The 4th Respondent sought to file a review petition, which was dismissed observing that there was no error apparent on the face of the record as per Annexure C/2 verdict dated 11.02.2021 in Review Petition No.105 of 2020. The learned counsel submits that the Respondents, instead of complying with the directions given by this Court in its letter and spirit, have waited till 23.02.2021 and now have placed the Petitioner under suspension as per Annexure C/6 order dated 23.02.2021. 3.

During the course of hearing, it is brought to the notice of this Court that the order of suspension has already been put to challenge by the Petitioner by way of separate proceedings and notices have already been issued. In view of the factual position brought to the notice of this Court that the Petitioner is under suspension, we are not inclined to deal with the matter at this stage. The Petitioner is set at liberty to move this Court, if at all any cause of action survives, once the suspension order is got set aside by the Court or revoked by the Departmental Authorities. 4.

The contempt petition stands dismissed accordingly. Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Anu