Vyasnarayan Sarwankar v. Gourav Diwedi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 893 of 2020

1. Vyasnarayan Sarwankar S/o Shri Ansh Kumar Sarwankar Aged About 44 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary Schlool Loharpathra, Block Kurud, District Dhamtari, Chhattisgarh

2. Shankar Lal Manikpuri S/o Hukum Das Manikpuri Aged About 44 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Charbhatha, Block Kurud, District Dhamtari Chhattisgarh

3. Nohar Ram Sahu S/o Shri Raj Kumar Sahu Aged About 32 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Seldeep, Block Kurud, District Dhamtari, Chhattisgarh

4. Kamlesh Kumar Sahu S/o Shri Manharan Lal Sahu Aged About 31 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Sirri, Block Kurud, District Dhamtari, Chhattisgarh

5. Harish Kumar Sonber S/o Shri Domar Singh Sonber, Aged About 45 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Hathbandh, Block Kurud, District Dhamtari, Chhattisgarh

6. Dushyant Kumar Sahu S/o Shri Bodhiram Sahu Aged About 32 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Loharpara, Block Kurud, District Dhamtari, Chhattisgarh

7. Smt. Vinita Kurrey D/o Shri Latel Ram Kurrey Aged About 35 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Sanjay Nagar Kurud, Block Kurud, District Dhamtari, Chhattisgarh

8. Smt. Ahilya Sahu W/o Shri Lalit Kumar Sahu Aged About 34 Years Working As Assistant Teacher (L.B.) And Posted At Govt. Primary School Kathauli, Block Kurud, District Dhamtari, Chhattisgarh ---- Applicants

Versus

Gourav Diwedi Through Secretary, Panchayat And Rural Development Department Mahanadi Bhawan, Mantralaya, Atal Nagar New Raipur, District Raipur Chhattisgarhs ---- Non-applicant For applicant : Mr. Vinod Sharma, Adv.

For respondent : Not noticed.

Hon'ble Mr. Sharad Kumar Gupta, Judge ORAL ORDER (25-11-2020) 1.

Applicants have preferred instant contempt petition under Section 12 of the Contempt of Court Act, 1971 (hereinafter called as 'Act 1971') read with Article 215 of the Constitution of India against non-applicant.

2.

While dealing the writ petition (S) No. 4446/2018 this Court passed the order on 09/07/2018, the para No. 5 of the same extracted herebelow :- "Looking to the facts and circumstances of the case, this writ petition is disposed of with this direction that the petitioners may file representation before respondent No. 1 within 15 days from the date of receipt of this order and respondent No. 1 shall decide such representation filed by the petitioners within a period of two months from the date of receipt of such representations in accordance with law and procedure."

3.

The provisions of Section 20 of the Act 1971 reads as under :- "20. Limitation for actions for contempt.-No court shall initiate any proceedings of contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

4.

As per the applicants' case they had made the representation on 26/07/2018 which was received by non-applicant on 07/08/2018. Applicants have preferred instant contempt petition on 20/11/2020. Applicants have preferred instant contempt petition after expiration of one year from two months after the date of receipt of representation i.e. 07/08/2018. In other words the instant contempt petition is barred by limitation prescribed under Section 20 of the Act, 1971. Consequently, the instant contempt petition is dismissed in motion hearing.

Sd/- (Sharad Kumar Gupta) Judge Kamde