Lekhram Patanwar v. Hemant Uppadhaya

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 714 of 2017 • Lekhram Patanwar S/o Chhannulal Patanwar, Aged About 61 Years Lecturer, Government Higher Secondary School, Gatora, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Hemant Uppadhaya District Education Officer, Bilaspur, District Bilaspur, Chhattisgarh ...............(Resp./3 In W.P.S. 605/12)

2. Sudhir Saraf, Block Education Officer, Masturi, District Bilaspur, Chhattisgarh ..............(Resp./4 In W.P.S. 605/12)

3. Ramesh Chandra Choudhari, The Principal Government Higher Secondary School, Gatora, District Bilaspur, Chhattisgarh ..............(Resp./6 In W.P.S. 605/12) ---- Respondent For Petitioner Shri Hemant Gupta, Advocate.

For Respondents None Order On Board 11/01/2018

1. Petitioner is complaining violation of the order passed by this Court on 07.02.2012 in WPS No. 605 of 2012, in as much as the respondents have not decided the representation within a period of 8 weeks from the date of representation, as directed in Para 5 of the order.

2. Under Section 20 of the Contempt of Courts Act, a petition is cognizable, if it is moved within a period of one year from the date of occurrence of cause of action.

3. The cause of action for the present contempt arose on expiry of 8 weeks period from the date of submission of representation.

4. Annexure C-2 would mention that first representation was preferred by the petitioner on 22.05.2012, therefore, the cause of action had arisen as early as on 22.07.2012. The present contempt petition has been preferred after more than 5 years from the said date, therefore, it cannot be entertained in view of the provision contained in Section 20 of the Act.

5. The Contempt Petition is accordingly dismissed. Sd/- Judge Prashant Kumar Mishra Akhilesh