High Court Of ChhattisgarhCONT/927/2018disposed off

Harish Rathore v. Smt. Reena Baba Saheb Kangale,

2019-02-05Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 927 of 2018 Harish Rathore S/o Shri Dev Prasad Rathore Aged About 41 Years Posted As Hostel Superintendent (Now Suspended) R/o Quarter No. MIG-II /107, Pandit Ravishankar Shukla Nagar Korba, Post Kosabadi, District Korba, Chhattisgarh ---- Petitioner

Versus

1. Smt. Reena Baba Saheb Kangale, Commissioner, Tribal Welfare And Development Mantralaya Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

2. Mohd. Abdul Kesar Haque, Collector (Tribal Development) Korba District Korba Chhattisgarh.

3. Shrikant Dubey, Assistant Commissioner, Department Of Tribal Welfare, Korba District Korba Chhattisgarh.

----Respondents For Petitioner :

Mr. Badal Lal Bhardwaj, Advocate For Respondents :

Mr. Rakesh Kumar Jha, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 05/02/2019

1. The present contempt petition has been filed alleging noncompliance of the order dated 18.04.2018, passed in WPS No. 3116/2018.

2. Vide the said order this Court had directed the petitioner to prefer an appeal against the order of suspension and the Appellate authority was directed to decide the appeal within a further period of 60 days.

3. The respondents have filed their reply and along with the reply they have enclosed Annexure R/1 dated 22.10.2018, whereby the appeal of the petitioner has been considered by the Appellate authority and upon hearing, the order of suspension, against which the appeal

was preferred, has been revoked and the petitioner has been asked to join his services.

4. Counsel for the petitioner submits that though the order of suspension has been revoked, but the place of posting of the petitioner has been changed and he is now aggrieved only to that extent.

5. The said grievance of the petitioner cannot be entertained under the contempt jurisdiction of this Court. The petitioner would be at liberty to assail the same by way of a fresh proceeding, challenging the same if at all, if he feels aggrieved of.

6. Reserving the right of the petitioner for the same, the present contempt petition, as it stands, stands disposed off. The respondents also stand discharged of the contempt proceedings. Sd/- (P. Sam Koshy) Judge Ved