Rama Shankar Tripathi v. R.S.Patra

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 301 of 2016 Rama Shankar Tripathi S/o Late Shri Chotelal Tripathi, Aged About 50 Years Occupation- Senior Clerk, Central Stores, S.E.C.L, S.B.C. Colony, Quarter No. M/50, P.S. Manikpur, Tahsil And District- Korba, Chhattisgarh, ---- Petitioner

Versus

1. R.S.Patra General Manager (Personal/man Power), South Eastern Coal Fields Ltd., Head Quarter, Seepat Road, Bilaspur, (Chhattisgarh),

2. R.N. Jha, Director Personal, South Eastern Coal Fields Ltd., Head Quarter, Seepat Road, Bilaspur, (Chhattisgarh),

3. M.S. Akhtar, Deputy General Manager, M.M. Central Store, South Eastern Coal Fields Ltd. Korba, (Chhattisgarh),....... (Proposed Contemnors) ---- Respondents Shri Avinash K. Mishra, counsel for the petitioner/s. Shri H.B.Agrawal, senior counsel along with Shri Adil Minhaj, counsel for respondent No.1. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/09/2016 Learned counsel for the petitioner submits that the transfer order dated 20/01/2016 was stayed by this Court. However, now the respondents have issued a fresh transfer order which is clearly an act of overreaching the orders and proceedings of this Court.

2.

The transfer order was earlier stayed in view of the ground raised in the petition that the petitioner could not be transferred during suspension and attachment. However, thereafter, the suspension of the petitioner was revoked on 27/04/2016. The earlier transfer order dated 20/01/2016, which was stayed by this Court has not been given effect to. The respondents have passed fresh order of transfer only after passing order of revocation. Therefore, in these circumstances, no case of willful disobedience of the order of the Court is made out. The contempt petition is accordingly dismissed.

Sd/- (Manindra Mohan Shrivastava) Judge Deepti