Pandit Bhardwaj v. Vinod Kumar Rai

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONTEMPT CASE (C) NO. 757 OF 2021 • Pandit Bhardwaj, S/o Shri Vishwanath Pandey, aged about 47 years, presently working on the post of In-charge Block Education Officer, Surajpur, Block Surajpur, District Surajpur (CG) ... Petitioner versus • Vinod Kumar Rai, working on the post of District Education Officer, Surajpur, District Surajpur (CG) ... Respondent For Petitioner :

Mr. A.N. Pandey, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board [29 /09/2021 ] 1.

The present Contempt Petition has been filed by Petitioner alleging non-compliance and willful disobedience of Order dated 10.8.2021 passed by this Court in W.P.(S) No.4124/2021.

2.

For proper understanding of the matter, it would be relevant at this juncture to take note of the operative part of the Order passed by this Court on 10.8.2021, which is reproduced herein below: "...The learned counsel appearing for the respondent No.6 submits that the respondent No.6 has been given the charge on 27.07.2021 and he has also got the drawing & disbursement power also from the competent authorities. This contention of the learned counsel for the respondent No.6 is disputed and denied by the petitioner who submits that till date the petitioner has not been relieved and the petitioner has also not been ordered to hand over the charge to the respondent No.6.

Given the aforesaid factual matrix as it exists today, let the matter be listed on 26.08.2021 for further consideration on the issue.

Meanwhile, let status quo as it exists today be maintained between the parties till the next date of hearing."

3.

From the pleadings in the Contempt Petition itself it is evidently clear and what is also reflected from the Order passed by this Court is that Respondent No.6 in the Writ Petition had given his joining on 30.7.2021 and later on an official order was also issued on 6.8.2021 directing the Respondent No.6 to be handed over the entire administrative and financial powers. The said Writ Petition came up for admission before this Court on 10.8.2021 by which time the two developments have already been taken place which has not been disputed by learned Counsel for Petitioner herein also.

4.

Given the said facts that Respondent No.6, an incumbent, has already given his joining and the Respondent State Authorities have also ordered for handing over administrative and financial powers to Respondent No.6, this Court is of the firm view that the Order passed by this Court of maintaining status quo has not been flouted by the Respondent Authorities and as such no contempt is made out at this juncture.

5.

Contempt Petition thus sans merit and the same deserves to be and is accordingly dismissed.

Sd/- (P. Sam Koshy) /sharad/ Judge