Yashonil Mishra v. H. K. Pandey

HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE (C) No. 265 of 2020

1. Yashonil Mishra, S/o. Shri Shyamurty Mishra, Aged About 31 Years, Working As Assistant Engineer, At 220 KV, Sub-Station Suhela, Bhatapara, R/o. Bhatapara, District Balodabazar, Chhattisgarh

2. Niranjan Das, S/o. Shri Deenanath Das, Aged About 40 Years, Working As Junior Engineer, Sub-Station CSPHCL, Nankati Durg Chhattisgarh ---- Petitioners

Versus

H.K. Pandey, Executive Director, C.G. State Power Holding Company Ltd., Second Floor Electricity Service Bhavan, Daganiya, Raipur Chhattisgarh.

---- Respondent For Petitioners :

Mr. T.K.Tiwari, Advocate Hon'ble Shri Justice Goutam Bhaduri Order on Board 02.03.2020 Heard

1. The instant petition has been filed for contempt of the order dated 26.11.2019.

2. Learned counsel for the petitioners would submit that the representation though has been decided on 22.01.2020 by Annexure P-2 but the reference has wrongly been made and wrong facts and law has been applied. It is further contended that the reference is made to the judgment passed by this Court in WP No.3538 of 2018, which is not at all applicable to the case of the petitioners.

3. Perusal of the order dated 26.11.2019 would show that it was only confined to the representation to be decided within a period of 90 days. If the representation has been decided and wrong facts and law applied, no contempt is made out to have been committed. If the petitioners want to

challenge the rejection of the representation, the petitioners shall have the liberty to file a duly constituted writ petition.

4. In view of the above, the contempt petition is dismissed. Sd/- (Goutam Bhaduri) Judge ashok