B. K. Khobragade v. Smt. Alermer Mangai D.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 60 of 2017 B. K. Khobragade S/o Late Bishram Khobragade, Aged About 49 Years R/o Vikas Nagar, Railway Banglapara, Kotara Road, Raigarh, District Raigarh, Chhattisgarh ---- Petitioner

Versus

1. Smt. Alermer Mangai D. Collector Raigarh, District Raigarh, Chhattisgarh

2. Shri J.N.Singh Tanwar, Executive Engineer, Rural Engineering Services, Chakradhar Nagar, Raigarh, District Raigarh, Chhattisgarh ................. (Contemnors) ---- Respondents For Petitioner :

Mr. Uttam Pandey, Advocate For Respondents :

Mr. Anup Majumdar, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 22/03/2017 Heard 1.

Learned counsel for the respondents submits that reply has been filed today and the respondents have explained the reasons why the final order could not be passed.

2.

From the reply, it appears that the final decision could not be taken because the record was missing and finally, the petitioner was required to supply the copies of the documents, which were available with him and after receipt of those documents, the respondents No.1 & 2 have now forwarded the matter to the State Government for necessary action vide memo dated 06.03.2017 and thereafter, now, the order is required to be passed by the State Government because the petitioner is a Sub-Engineer, whose competent disciplinary authority in the State Government and therefore, the decision is to be taken by the State Government.

3.

Considering the aforesaid submissions, I do not find that it is a case of willful disobedience. Therefore, Rule is discharged. The contempt petition is closed.

4.

If the petitioner has any grievance with regard to the delay, it is open for the petitioner to take recourse to appropriate remedy for grievance in respect of which, he had filed earlier petition. Moreover, taking into consideration that the Collector has forwarded the case of the petitioner to the State Government, the State Government shall do well to decide the matter as early as possible. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha