Rajkumar Sinha v. Shri D. K. Agrawal

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 421 of 2019 Rajkumar Sinha S/o Shri Ramdas Sinha, Aged About 53 Years, SubEngineer, Public Works Department, Sub-Division, Pithoura, Division And District- Mahasamund, Chhattisgarh ---- Petitioner

Versus

Shri D. K. Agrawal, Engineer In Chief, Public Works Department, Nirman Bhawan, Sector No.-19, Atal Nagar, New Raipur, DistrictRaipur, Chhattisgarh ---- Respondent For Petitioner :

Mr. Somkant Verma, Advocate.

For Respondent :

Mr. Sunil Otwani, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 01.08.2019

1. The present contempt petition has been filed alleging the noncompliance of the order dated 05.02.2019 passed in WPS No. 749 of 2019.

2. Today, Shri Sunil Otwani, counsel appearing for the respondent produced an order dated 31.07.2019 whereby the respondent, on due consideration of the case of the petitioner, has rejected the claim of the petitioner.

3. Given the fact that the respondent has taken a decision as per the direction given by this Court, though the decision is rejecting the claim

of the petitioner, this Court is of view that the compliance of the order passed by this Court has been carried out by the respondent.

4. The recourse available now to the petitioner is to challenge the subsequent decision if at all if he is aggrieved of the said decision. The veracity of the said order cannot be tested under the contempt jurisdiction.

5. Accordingly, the present contempt petition stands disposed of reserving the said right of the petitioner.

Sd/- P. Sam Koshy Judge Khatai