Chhatrapal Puri v. Shri C L Dhritlahre

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 553 of 2019 • Chhatrapal Puri S/o Ramdas Rajagar Sahayak Aged About 30 Years R/o Village Devrikala, Janpad Panchayat Pendra District- Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Shri CL Dhritlahre Chief Executive Officer Janapd Panchayat, Pendra DistrictBilaspur, Chhattisgarh

2. Ashok Singh Pattam S/o Sukul Singh Sarpanch, Village Panchayat Devrikala, Pendra District- Bilaspur, Chhattisgarh

3. Jagdish Kumar Puri S/o Lallan Puri Upsarpanch Gram Panchayat Devrikala, Pendra District- Bilaspur, Chhattisgarh

4. Jagdish Kumar Pawale S/o Mansingh Secretary, Gram Panchayat Devrikala, Pendra District- Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri B.L.Dembra, Advocate S.B.:

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 26/07/2019 The petitioner alleges that despite interim order dated 13/11/2017, respondents 2, 3 and 4 have jointly issued appointment order of a selected candidate against the post on which the petitioner is working. 2.

Admittedly, the three signatories of order dated 10/06/2019 were not parties to the writ petition. It is nowhere stated in the contempt petition that prior to order dated 10/06/2019, interim order dated 13/11/2017 was brought to their notice. There is nothing to show that the Chief Executive Officer of Janpad Panchayat, Pendra who is party in the petition has taken any step towards execution of order dated 10/06/2019. Therefore, at present, it is not a case of initiating contempt proceedings.

3.

I, however, find that the petitioner has given a notice to three signatories of

appointment order dated 10/06/2019 as also to the Chief Executive Officer that in view of interim order passed by this Court, no appointment can be made against the post on which the petitioner is working. That means, the order passed by this Court has now come to the notice of Sarpanch, Upsarpanch and Secretary of Gram Panchayat-Devrikala. They are, therefore, required to immediately withdraw the said order.

4.

The Chief Executive Officer, Janpad Panchayat, Pendra is required to inform those authorities that the order is required to be withdrawn because that is against the interim direction dated 13/11/2017 passed in WPS No.6002/2017. If the order is not withdrawn within a period of three days from the date of submission of copy of this order before Sarpanch, Upsarpanch and Secretary, the petitioner would be at liberty to revive the contempt petition and serious view would be taken for contempt of Court's order.

5.

With the aforesaid observations, this petition is finally disposed off. Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti