Manoj Kumar Thakur v. Shri Ambika Prasad Panda

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT. No. 317 of 2021 Manoj Kumar Thakur S/o Late Shivnandan Thakur, Aged About 38 Years, R/o Q. No. D/S 790, Opposite Sawan Studio, Bhatgaon Area, Post Bhatgaon, District- Surguja, Chhattisgarh ---- Applicant

Versus

1. Shri Ambika Prasad Panda, Chairman Cum Managing Director, South Eastern Coalfields Limited, Head Quarter, Seepat Road, Bilaspur Chhattisgarh

2. S. M. Jha, Area General Manager, Bhatgaon Area, South Eastern Coalfields Limited, Post Bhatgaon, District Surguja, Chhattisgarh ---- Respondents For Applicant :

Mr. Chandresh Shrivastava, Advocate For Respondents :

Mr. Abhishek Sinha, Sr. Advocate along with Mr. Vaibhav Shukla, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 16.12.2021

1. This Court, on the previous date of hearing i.e. on 30.11.2021, had directed for issuance of bailable warrant against the respondents seeking their presence before this Court on 4th of January, 2022 for framing of charges under the Contempt of Courts Act.

2. The respondents have now filed I.A No.03 on 10.12.2021 seeking for recalling of the order of issuance of bailable warrant and the order of the respondents remaining present before this Court on 4th of January, 2022. I.A. No.03 has been filed supported with a document dated 09.12.2021 issued by the Company Secretary, South Eastern

Coalfields Limited along with an order issued by the Manager dated 09.12.2021 whereby it has been reflected that the order passed by this Court in the original writ petition has been decided to be acted upon subject to the outcome of some review petition which has been preferred by the Company before the Division Bench of this High Court. Pursuant to these two orders dated 09.12.2021 there is another order issued by the Area Personal Manager dated 09.12.2021 to the Area Medical Officer asking the petitioner to report for medical examination in order to grant dependent employment.

3. Today, when the matter is taken up for hearing on a court slip moved by the respondents, the learned senior counsel appearing for the respondents submits that he has instruction to say that the petitioner has been subjected to medical examination on 15.12.2021 and the medical board has found the petitioner to be fit for grant of employment. Subsequently, the petitioner has been called upon for completion of other formalities by virtue of which the order of appointment could be issued to the petitioner. According to the respondents' counsel, in all probability the order of appointment, if there is no other disqualification, would be passed at the earliest.

4. Given the aforesaid statement by the learned senior counsel for the respondent-contemnors and also on perusal of the documents enclosed along with I.A. No.03, this Court is of the opinion that the order of this Court as of now stands complied with.

5. Accordingly, the contempt petition stands disposed of. It is expected that the respondent authorities without further delay shall conclude the further formalities required for issuance of the order of appointment to the petitioner.

6. In view of the aforesaid facts and circumstances of the case, the earlier order dated 30.11.2021 so far as issuance of bailable warrant is concerned stands recalled.

Sd/- P. Sam Koshy Judge Khatai