Vishal Kumar Sinha v. Md. Shiraaz Hussain And ANR.

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 448 of 2011

1. Vishal Kumar Sinha, son of Late Hargovind Prasad Sinha, aged about 34 years, presently working as Junior Technical Assistant at Chhattisgarh State Civil Supplies Corporation Limited, Raipur, Chhattisgarh ---- Petitioner

Versus

1. Md. Shiraaz Hussain, Chief Managing Director, Head Quarters, 16-20 Barakhamba Lane, New Delhi- 1

2. Debasis Mishra, Deputy General Manger (RPI), Food Corporation of India, Head Quarters, 16-20, Barakhamba Lane, New Delhi-110 001. ---Respondent For Petitioner : Shri Kaushal Yadav on behalf of Shri C. Jayant K. Rao, Adv.

For Respondents : Shri N. K. Shukla Sr. Adv. with Shri Arijit Tiwari Adv.

Hon'ble Shri Justice P. Sam Koshy Order on Board 16/03/2020

1. The present contempt petition has been filed alleging willful disobedience of the order dated 18.05.2011 passed by this Court in WPS No. 2800/2011.

2. The order passed by this Court on 18.05.2011 in the writ petition was for directing the respondent to permit the petitioner to participate in the selection process for the post of Assistant General Manager (Technical) under the Food Corporation of India.

3. Counsel for the respondents has entered appearance and filed their reply and has submitted that in terms of the interim protection given by this Court on 18.05.2011, the petitioner was permitted to participate in the selection process. It was further contended by the Counsel for the respondents that, when the petitioner was to be interviewed, it was detected that the petitioner who was working as a Junior Technical Assistant in the Chhattisgarh State Civil Supplies Corporation was placed under suspension and was facing a

disciplinary proceedings and a departmental enquiry was pending against him. With this track record, the respondent- Food Corporation of India took a conscious decision, not to further consider the case of the petitioner for the said post on account of the petitioner being an officer under suspension in the office of the Chhattisgarh State Civil Supplies Corporation facing a disciplinary proceedings.

4. It has been further informed by the Counsel for the respondents that the original writ petition i.e. WPS No. 2800/2011 itself has since been dismissed, nothing further remains in the present contempt petition and thus prayed for dropping of the Contempt proceedings.

5. Having heard the contention put forth on the part of the respondents and the reason assigned by the respondents which are not disputed by the Counsel for the petitioner coupled with the fact that the writ petition itself has now been dismissed, this Court is not inclined to proceed further with the contempt proceedings and the present contempt proceedings accordingly stands dropped and the respondents stand discharged from the contempt proceedings. Sd/- (P. Sam Koshy) Judge Jyotijha