Achal Singh v. Shri Dr. A. K. Bhargau
HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 144 /2016
1. Achal Singh, S/o. Late Shri Sardar Hardyal Singh, Aged About 53 Years, Driver, Raigarh Depot, Presently Posted At District Panchayat Office Mahasamund, R/o. Behind New Bhata Charch, Ward No.4, Jawahar Nagar, Raigarh, Tah. & Distt. Raigarh, Civil & Revenue Distt. Raigarh, Chhattisgarh
2. Niman Khalkho, S/o. Late Prem Prakash Khalkho, Aged About 44 Years, Helper, Raigarh Depot, Presently Posted As Land Record Section, Collector Office, Raigarh, R/o. Ram Bhata Nayapara, Raigarh, Tah. & Distt. Raigarh, Chhattisgarh
3. Iliyazar Minj, S/o. Late Jayman Minj, Aged About 60 Years, Driver, Raigarh Depot, Presently Posted At KG Hospital Raigarh, R/o. Housing Board Colony, Chakardhar Nagar, Raigarh, Tah. & Distt. Raigarh, Chhattisgarh
4. Ashok Kumar Yadav, S/o. Munu Ram Yadav, Aged About 55 Years, Helper Raigarh Depot, Presently Working Collectorate Office, R/o. Raja Para Bag Tahlab, Near Murga Paat, Raigarh, Tah. & Distt. Raigarh, Chhattisgarh
5. Bhagwat Ram Sahu, S/o. Late Shri Sukhi Ram Sahu, Aged About 52 Years, Sub Engineer Divisional Officer, Bilaspur, Presently Working In Municipal Corporation Raigarh, Tah. & Distt. Raigarh, Chhattisgarh
6. Smt. Nazima Bi, Wd/o. Late Ashraf Khan, R/o. Madhuban Para, Garib Nawaj Chauk, Raigarh, Tah. & Distt. Raigarh, Chhattisgarh
7. Bhartendu Pandey, S/o. Shri Haldhar Prasad Pandey, Aged About 61 Years, Security Guard Raigarh Depot, Presently Posted At I.T.I. Lailunga, Distt. Raigarh, R/o. Village- Kauwatal, P.O. Hardi, Tah.- Sarangarh, Distt. Raigarh, Chhattisgarh ---- Petitioners
Versus
1. Shri (Dr.) A.K. Bhargau, Managing Director, Madhya Pradesh Road Transport Corporation, Head Office- Habibganj, Bhopal (M.P.)
2. Shri V.K. Chhablani, Managing Director, C.G. Infrastructure Development Corporation Limited, Head Office- Shashtri Chauk, Raipur, Distt. Raipur, Chhattisgarh
3. Shri Khilawan Prasad Jangde, Divisional Manager, C.G. Infrastructure Development Corporation Limited, Bilaspur, Distt. Bilaspur, Chhattisgarh (Contemnors) ---- Respondents --------------------------------------------------------------------------------------------------- For Petitioners :
Mr. Manoj Kumar Sinha, Advocate.
For Respondents/State :
Mr. Gary Mukhopadhyay, Dy. G.A.
--------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Goutam Bhaduri Order On Board
12/05/2016 1.
The instant contempt petition is filed with an averments that an order passed by this Court on 16.05.2014 in W.P.S. No.2482/2014 has not been complied with by the authority. It is submitted that since the order is passed by this Court, therefore, the Court will have the authority to punish the officer committing contempt of the Court.
2.
Perused the order of the Court, which is as under : "Petitioners would be at liberty to move representation before the Madhya Pradesh Road Transport Corporation before whom the claim of the previous set of petitioner namely G.K.Gupta and others is under process. On submission of representation by the petitioners within a period of one month, the same shall be verified and if their cases are similar to the previous set of petitioners, their claim shall also be processed along with the claims of the petitioners of previous writ petitions in the matter of G.K.Gupta (supra)."
3.
Perusal of the effective part of the order would show orders were passed that on the representation being made, the Madhya Pradesh State Road Transport Corporation at Bhopal was directed to process the case of the petitioners along with the claim of one G.K.Gupta. The order is dated 16.05.2014 and the petition is filed on 11.03.2016. Admittedly, it is filed beyond the period of one year from the date of the alleged contempt if any is committed. Further reading of the order would show nothing has been directed in such order except to process the representation.
4.
In view of Section 20 of the Contempt of Courts Act, 1971, the petition has been filed beyond the period of one year, therefore, I am not inclined to allow the instant contempt petition. 5.
Accordingly, the petition is dismissed at the admission stage itself. Sd/- (Goutam Bhaduri) Judge Ashok