Santosh Kumar Rathore v. D. Shrinath

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 605 of 2016 Santosh Kumar Rathore S/o Shri Sukhruram Rathore, Aged About 42 Years R/o Village Bathaura, Post Bilaibazar, Tahsil Katghora, District Korba, Chhattisgarh ---- Petitioner

Versus

D. Shrinath Posted As Chief General Manager, South Eastern Coalfields Limited, Gevra Area, District Korba, Chhattisgarh .................(Contemnor) ---- Respondent For Petitioner : Shri Rahul K. Mishra, Advocate S.B.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 19/12/2016 Heard on admission.

1.

Learned counsel for the petitioner submits that while rejecting the representation of the petitioner, the respondent has acted in a manner of willful disobedience, in as much as direction of the order passed by this Court has been wrongly interpreted. It is argued that this Court had directed the respondent to decide the case of the petitioner in the light of observation made by this Court in case of Ku. Rattho Bai and anr. Vs. South Eastern Coalfields Limited and ors. in WPS No.432/2011. However while deciding the case of the petitioner, the authority has wrongly distinguished the case of the petitioner, whereas the petitioner was identically situated.

2. After going through the order passed by the authority on 28.10.2016 (Annexure C/4), I find that giving reference to the case of Ku. Rattho Bai (supra), the authority has examined the case of the petitioner and for its own reasons sought to distinguish the matter. It is found that the authority by applying

-2its mind, has passed the order to the best of his understanding. Irrespective of the merit of the case, it does not appear to be a case of willful disobedience, therefore, the petition is dismissed reserving liberty to the petitioner to challenge the order in separately constituted petition on its own merit. Sd/- (Manindra Mohan Shrivastava) Judge Rekha