High Court Of ChhattisgarhCONT/666/2020disposed off

Anil Jain v. Durgesh Madhav Awasthi

2020-09-22Hon'Ble Shri Justice P. Sam Koshy2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 666 of 2020

1. Anil Jain, S/o Late Shri M.L. Jain, Aged About 62 Years, R/o MIG-38, Mahaveer Nagar, Puraina, Telibandha, Raipur, Police Station: New Rajendra Nagar, Tahsil, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. Durgesh Madhav Awasthi, Director General of Police (DGP), Police Head Quarter (PHQ), New Raipur, Police Station And Post Office Rakhi, Atal Nagar, District : Raipur, Chhattisgarh ------ Respondent For Petitioner :

Mr. Abhishek Pandey, Advocate.

For Respondent :

Mr. Vivek Ranjan Tiwari, Addl. A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 22.09.2020

1. The counsel for the respondent submits that the order passed by this Court on 06.02.2019 was already decided vide order passed in April, 2019. However, it seems that the order was not communicated to the petitioner/applicant. The counsel for the respondent submits that the order is once again being communicated to the petitioner/applicant vide letter dated 27.08.2020 and a copy of which has also been served upon the counsel for the applicant.

2. The counsel for the applicant raises the objection in-respect-of the belated stage at which the respondents have communicated the order to the applicant.

3. Be that as it may, since this Court is under its contempt jurisdiction all that needs to be looked into is the aspect, whether the order dated

-206.02.2019 has been honoured by the respondent authorities or not ? The counsel for the respondent submits that a decision was taken by the Committee in April 2019 and subsequently, a fresh communication to the petitioner/applicant has also been made on 27.08.2020 thereby the order passed by this Court stands duly complied with.

4. Now whether the order passed by the respondents is proper, legal or justified is not one which can be tested under the contempt jurisdiction of this Court, appropriate remedy available to the petitioner/applicant would be that of challenging the same by way of a fresh writ petition, if he is aggrieved.

5. Reserving the right of the petitioner/applicant to avail the said remedy open to him. The present contempt petition stands disposed off at this stage.

Sd/- (P. Sam Koshy) Judge Rahul