Smt. Mamta Sahu v. Shri Nilesh Khirsagar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No.135 of 2017 • Smt. Mamta Sahu W/o Hulas Ram Sahu, Aged About 34 Years R/o H.No.7 B/5, Street 7-B, Sector-2, Professor Colony, Raipur District Raipur, Chhattisgarh ---- Petitioner

Versus

• Shri Nilesh Khirsagar Presently Posted As Chief Executive Officer, Zila Panchayat Raipur, District Raipur, Chhattisgarh .................(Contemnor) ---- Respondent For Petitioner :

Shri Mateen Siddiqui, Advocate For Respondent/State :

Shri Manish Nigam, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/04/2017 Heard.

2.

Learned counsel for respondent submits that the petitioner has been transferred back vide order dated 19-04-2017, in exercise of liberty granted to the respondent under order dated 27-07-2016 passed by this Court in WPS No.3186 of 2016. 3.

Learned counsel for petitioner submits that the order is bad and illegal in law. 4.

Once the petitioner has been transferred back in exercise of liberty granted to the respondent, he would be at liberty to challenge the legality and validity of fresh transfer order dated 19-04-2017.

5.

Leaving it open for the petitioner to work out his remedy against the order dated 19-04-2017, the contempt petition is finally disposed off. Rule is discharged. 6.

Before parting with the order, this Court is constraint to observe that the liberty, which was granted by this Court to the authority to pass a fresh order, was not taken recourse to and earlier, orders were being passed which were not in conformity with

the spirit of the order of the Court. The respondent now seems to have realized the situation and the spirit of the order of the Court. This Court hopes that the authority shall remain cautious and careful in future while acting towards compliance of the order of the Court.

SD/- (Manindra Mohan Shrivastava) Judge Tumane