N. R. Chhipa v. Shri M. Jambulkar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 279 of 2016 N. R. Chhipa S/o Panna Lal Chhipa, Aged About 54 Years Posted As Assistant Engineer, Chhattisgarh State Power Distribution Company Limited, Posted At Bhilai Power House Zone, City Dn. (East), Bhilai, District Durg, Chhattisgarh .....(Petitioner) ---- Petitioner

Versus

1. Shri M. Jambulkar Aged About 54 Years Posted As Additional Chief Engineer (City) Circle, C. S. P. D. C. L. Office At 32 Bungalow, Durg, District Durg, Chhattisgarh

2. Shri Shalil Khare, Aged About 52 Years Posted As Executive Engineer, City Division (East), C. S. P. D. C. L. Office At Bhilai 3, Durg , District Durg, Chhattisgarh.......(Contemnor) ---- Respondents For Applicant :

Mr. Praveen K. Dhurandhar, Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 01/07/2016 Heard on admission.

Learned counsel for the petitioner submits that willful disobedience of order dated 30.05.2016 as status quo has been disturbed by allowing the successor in office to join after the interim order was passed. Letter dated 01.06.2016 (Annexure C/3) clearly records that the petitioner was already relieved.

Learned counsel for the petitioner could not dispute this position but his submission is that the status quo order did not permit the respondents to allow any other officer to join at the place where from the petitioner relieved. This cannot be accepted. The spirit of the order was only that the

status quo with regard to the posting of the petitioner has to be maintained. This was only intended to protect the petitioner against any relieving if he was already not relieved. This Court did not intend to restrain any other officer to join at the place where from the petitioner already stood relieved prior to passing of interim order.

Therefore, no contempt is made out and the contempt petition is dismissed.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha