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High Court Of ChhattisgarhCONT/479/2021disposed off

Smt. Ganeshmati @ Ganeshmoti v. B.L.Kurre, District Education Officer,

2021-12-10Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE NO. 479 OF 2021 • Smt. Ganeshmati @ Ganeshmoti, W/o Anand Ram Bariha, aged about 75 years, Address: Village Kishanpur, Post Kishanpur, Tahsil Pithora, District Mahasamund (C.G.) ... Petitioner versus 1.

B.L. Kurre, District Education Officer, Mahasamund, District Mahasamund (C.G.) 2.

K.K. Thakur, Block Education Officer, Pithora, District Mahasamund (C.G.) ... Respondents For Petitioner :

Mr. Utkal Pradhan, Advocate.

For Respondent No.1 :

Mr. Vipin Tiwari, Advocate.

For Respondent No.2 :

Mr. Surfaraj Khan, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board [10/12/2021] 1.

The Respondent No.1, on account of a Bailable Warrant issued on 18.11.2021, has entered his personal appearance before this Court. 2.

Learned Counsel appearing for Respondent No.1 submits that no contempt as such has been made against the Respondent No.1 inasmuch as the Respondent No.1 in-fact had been retired from service even before the original Order was passed by this Court on 14.1.2021 in W.P.(S) No.5232/2020.

3.

So far as Respondent No.2 is concerned, learned Counsel appearing for Respondent No.2 refers to Annexure C-2, which is a correspondence dated 17.2.2021 enclosed along with the present Contempt Petition, whereby the Respondent No.2 has already recommended in favour of the Petitioner and had made a correspondence to the District Education Officer for complying with the Order passed by this Court.

4.

Given the said fact that the Respondent No.2 has done his part so far as the compliance of the Order passed by this Court is concerned, this Court is of the opinion that no contempt as such is made against both the Respondents herein. If at all, if the Petitioner is aggrieved by the inaction on the part of the present District Education Officer, he would be at liberty to file a fresh Contempt Petition against the present District Education Officer, if the grievance still survives.

5.

Contempt Petition accordingly with the aforesaid liberty stands disposed of. Respondents are discharged from the contempt proceedings. The personal presence of Respondent No.1 also stands dispensed with. Sd/- (P. Sam Koshy) /sharad/ Judge