Dharam Lal Anant v. Rajesh Singh Rana

CONT No. 517 of 2020 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 517 of 2020 • Dharam Lal Anant S/o Late Shri Bhurva Anant Aged About 61 Years Caste Satnami (Scheduled Caste). Occupation Service (Posted As Inspector At Khadi Tatha Gram Udhyog Board, Zila Panchayat Mungeli, District Mungeli Chhattisgarh. R/o C/o Ramkumar Baghel, Plot No. 3, Prithvi Green Colony, Phase II, Behind Collector Bungalow, Mungeli, Post, Police Station And Tahsil Mungeli, District Mungeli Chhattisgarh.

---- Petitioner

Versus

• Rajesh Singh Rana Posted As Managing Director (I.A.S.) , Chhattisgarh, Khadi Tatha Gram Udhyog Board, Gandhi Bhawan, Keyur Bhushan Smriti Parisar , Indoor Stadium Parisar, Kankali Para , Raipur , District Raipur Chhattisgarh. ---- Respondent For Petitioner :- Mr. Surfaraj Khan, Advocate Proceedings through Video Conferencing Hon'ble Mr. Justice Prashant Kumar Mishra Order On Board 17/07/2020

1. Heard.

2. While allowing the writ petition challenging fastening of penalty of recovery of loss suffered by the C.G. Khadi Gram

CONT No. 517 of 2020 Udhyog Board, this Court allowed liberty to initiate fresh proceedings in accordance with law and conclude the same as early as possible.

3. It is argued that the recovery was already effected and a sum of ₹78,006/- was already recovered from the concerned employee but the same has not been refunded to the petitioner neither fresh proceeding has been drawn.

4. It appears while quashing the order of recovery this Court has not passed any consequential order for refund of the already recovered amount. Similarly, for drawing of fresh proceeding liberty was allowed but there was no direction to necessarily initiated fresh proceeding.

5. In the opinion of this Court, the appropriate remedy for the petitioner is to move fresh writ petition for the reason that this Court has not passed any order of refund. Even otherwise, the contempt petition has been filed after six years.

6. In view of the above, the contempt petition is disposed of with the liberty afore-stated.

SD/- (Prashant Kumar Mishra) Judge Ayushi