Girijesh Kumar v. Alamelmangai D.

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 542 of 2019 Girijesh Kumar S/o Shri Nand Kumar Aged About 34 Years R/o Village Dargaon, Tahsil - Dhamdha, District Durg Chhattisgarh ---- Petitioner

Versus

1. Alamelmangai D. Director, Urban Administration And Development, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Shiv Anant Tayal Commissioner, Municipal Corporation, Raipur, District Raipur Chhattisgarh ---Respondent For Petitioner :

Mr. Manoj Paranjpe along with Ms. Rashul Bhawnani, respective Advocates.

For Respondent :

Mr. S.P.Kale, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 24/07/2019

1. The present contempt petition has been filed alleging noncompliance of the order dated 04.04.2019 passed in WPS No. 2431 of 2019 and other connected petitions.

2. The directions given by this Court was that the department should conduct an enquiry at the earliest and conclude the same within a period of 90 days, if for any reason, the enquiry gets prolonged beyond the period of 90 days, the petitioner should be granted joining.

3. The respondents have today produced before the Court an order dated 23.07.2019 whereby they have expressed their inability to give joining to the petitioner on the ground that the petitioner does not fulfill the requisite qualification for the post which they have applied for.

4. Given the fact that the respondents have taken a decision expressing their inability for giving joining to the petitioner, this Court is of the opinion that, the recourse now left for the petitioner, would be to challenge the action of the respondents if he is aggrieved of the same. So far as the compliance part is concerned, since, the respondents have taken a decision, the order of this Court stands complied with.

5. Reserving the right of the petitioner to challenge the subsequent development, the present contempt petition in its present form stands disposed off.

Sd/- (P. Sam Koshy) Judge Jyotijha