Ratenesh Singh Bhadoriya v. Nirmal K. Khakha

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No.654 of 2017 • Ratenesh Singh Bhadoriya S/o Shri H. S. Bhadoriya Aged About 43 Years R/o Ashirwad Kunj , Zone - 1 Street 1 (C) Police Station - Padmanabhpur Durg Tahsil & District Durg Chhattisgarh.

---- Petitioner

Versus

1. Nirmal K. Khakha Secretary , State Of Chhattisgarh, Department Of Revenue, Mantralaya, Mahanadi Bhavan, New Raipur District Raipur Chhattisgarh.

2. N. R. Sahu , Under Secretary, State Of Chhattisgarh Department Of Revenue Mantralaya , Mahanadi Bhavan New Raipur District Raipur Chhattisgarh.

3. Umesh Agrawal Collector, Office Of Collectorate , Durg District Durg Chhattisgarh.

---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 10/11/2017 Heard.

2. This contempt petition has been filed alleging willful disobedience of order dated 30-08-2017 passed by this Court earlier in WPS No.4149 of 2017 on the submission that this Court had protected the petitioner against transfer order dated 14-08-2017, but, now under the same order, the petitioner has now been relieved to join vide order dated 27-09-2017.

3. Vide order dated 30-08-2017, this Court had directed that the impugned order dated 14-08-2017 shall not be given effect to against the petitioner until he completes one year of posting at the present place. On petitioner's own showing that he had completed one year of posting on 31-08-2017. This Court had not set aside the order dated 14-08-2017 but only differed compliance of that order,

in case, of the petitioner, till he completes one year at the present place of posting. After one year of posting at the present place, earlier posting order dated 14-08-2017 had become effective as eclipse of the order of this Court was removed. Therefore, it cannot be said to be a case of willful disobedience.

4. In the result, the contempt petition is dismissed. SD/- (Manindra Mohan Shrivastava) Judge Tumane