Shiv Kumar Singh v. Vinay Kumar Gupta

-1NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 816 of 2020

1. Shiv Kumar Singh, S/o Basant Singh, Aged About 34 Years R/o Nagara, Post Chandranagar, Janpad Panchayat Ramchandrapur, District : Balrampur, Chhattisgarh ---- Applicant

Versus

1. Vinay Kumar Gupta, Chief Executive Officer, Janpad Panchayat Ramchandrapur, District : Balrampur, Chhattisgarh ---Respondent For Applicant :

Mr.Shushobit Singh, Advocate For Respondent :

None :

adfasf Hon'ble Shri Justice P. Sam Koshy Order on Board 03.11.2020

1. The present contempt petition has been filed alleging noncompliance of the Order passed by this Court in WPS No. 3093 of 2019 on 29.04.2019.

2. It would be relevant at this juncture to take note of the observations made by this Court in the aforesaid writ petition:- "4. Given the facts and circumstances of the case, since the petitioner has made a representation to the authorities, let the authority concerned take a decision on the representation of the petitioner in accordance with its merit.

5. It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner or on the merit of the case. The authorities are expected to pass an order purely in accordance with the rules and regulations governing the field and take a decision on the representation of the petitioner within a period of 4 months from the date of receipt of copy of this order."

-23. It has been pleaded by the counsel for the petitioner that pursuant to the order passed by this Court, the respondents took a decision and granted appointment to the petitioner vide order dated 27.08.2019 and the petitioner assumed his duties. However, subsequently after earlier officer got transferred and new officer took charge, the new officer took a fresh decision and discontinued the services of the petitioner, based on which the present contempt petition has been filed.

4. At the outset, this Court is of the firm view that once when on 27.08.2019, the respondents considered and allowed the petitioner, the order passed by this Court stands fully complied with. In the event of any subsequent development that arises, even if it includes the discontinuance of service of the petitioner, the same would be a fresh cause of action. The said fresh cause of action cannot be tested under the contempt jurisdiction of this Court, the same would have to be questioned by way of a fresh proceedings altogether.

5. The contempt petition thus does not have any merits and therefore the same stands disposed off, reserving the right of the applicant/petitioner to avail appropriate remedies upon to him. Sd/- (P. Sam Koshy) Judge Rahul