Vimal Kumar Singh v. Sonmoni Borah

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 597 of 2016 • Vimal Kumar Singh S/o Late Shri R.A.Singh, Aged About 55 Years Occupation- Teacher O/o District Rehabilitation Centre, Bilaspur R/o Behind Gupta Flour Mill, Bajrang Chowk, Arvind Nagar, Bandhawapara, Sarkanda, Bilaspur, P.S. Sarkanda, Bilaspur, Tahsil And District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Sonmoni Borah Secretary Department Of Social Welfare, Government Of Chhattisgarh, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, District Raipur, Chhattisgarh

2. Dr. Sanjay Kumar Alang, Director, Directorate Of Social Welfare, Government Of Chhattisgarh, Dau Kalyan Singh Bhawan, Mahanadi Khand, Raipur, District Raipur, Chhattisgarh

3. Herman Khalkho, Deputy Director (Administration), Directorate Of Social Welfare, Government Of Chhattisgarh, Dau Kalyan Singh Bhawan, Mahanadi Khand, Raipur, District Raipur, Chhattisgarh .................(Contemnors) ---- Respondents ----------------------------------------------------------------------------------------------------- For Petitioner :

Mr. Surendra Kumar Dewangan, Advocate For Respondents :

Mr. Praveen Das, Advocate on advance copy.

----------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 15/12/2016 1.

Learned counsel for the petitioner submits that interim order passed by this Court has been violated as the petitioner has not been allowed to continue at the present place of posting i.e. in attached place at Raipur and has been sent back to the original place of posting at Bilaspur, where he is posted.

2.

The petitioner challenged the order of transfer, by which, he has been transferred from the District Rehabilitation Centre, Bilaspur to Government Deaf School, Dantewada. This Court stayed his transfer order and allowed him to continue at the present place of posting. It appears that when the interim orders were passed, the petitioner, as an interim arrangement, was attached at Raipur and now he has been transferred from Raipur to his original place of posting at Bilaspur.

3.

The spirit of the order of the Court is to continue the petitioner at the present place of posting. It is not a case where the petitioner is transferred to Dantewada from Bilaspur, in fact, the petitioner was attached at Raipur and from where he has been shifted to his original place of posting at Bilaspur which he intended to protect by way of his writ petition against his transfer from Bilaspur, I find that it would have been better for the respondents to seek leave of this Court. 4.

Considering the posting of the petitioner to original place of posting at Bilaspur, I am not inclined to issue notices. Contempt petition is closed.

Sd/- (Manindra Mohan Shrivastava) Judge Chandra