Smt. Gita Shukla v. Vijay Pandey

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 545 of 2016 Smt. Gita Shukla W/o Narayan Shukla, Aged About 41 Years R/o Naya Sarkanda, Jabdapara, Bilaspur, P.S. Sarkanda, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

Vijay Pandey Presently Posted As Chief Municipal Officer, Nagar Panchayat Pendra, District Bilaspur, Chhattisgarh ---- Respondent For Petitioner :

Ms. Ruchi Nagar, Advocate.

S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/11/2016 Heard on admission.

1.

This contempt petition has been filed by the petitioner alleging willful disobedience of order dated 29.08.2016 by which, this Court had directed respondent No.6 in the writ petition to take necessary steps as per the direction contained in para 5 of the order. 2.

Learned counsel for the petitioner submits that this Court had categorically directed that if the third candidate, in order to merit, does not turn up, the respondent No.6 is required to be offer appointment to the petitioner, who is fourth in order of merit. It is alleged that till date, no order has been passed.

3.

It is found that the order was passed by this Court only on 29.08.2016 and even three months have not elapsed. Therefore, at this stage, I am not inclined to initiate any contempt proceeding.

4.

It is, however, observed that even though, time limit has not been fixed for compliance of the order of the Court, the respondent authority cannot sit over the matter for indefinite period. It has to be complied with within a reasonable time. Accordingly, Chief Municipal Officer, Nagar Panchayat, Pendra, District Bilaspur (C.G.) shall comply with the Court's order within a reasonable time. If the order is not complied with within a further period of 60 days, the petitioner may take remedy of appropriate proceeding available to him under the law.

5.

The petition is accordingly disposed off.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha