Govind Kumar Sao v. Shri Ashutosh Chaware

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case (C) No. 980 of 2018 Govind Kumar Sao S/o Shri K. R. Sao, aged about 55 years, occupation the then Upper Division Teacher, Govt. Middle School, Borsi, District Durg, Chhattisgarh ---- Petitioner

Versus

Shri Ashutosh Chaware, District Education Officer, Durg, DEO Office, near Multipurpose School Durg (CG) ---- Respondents For Petitioner :

Shri Vipin Tiwari, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 11.09.2018 The present contempt petition has been filed alleging the willful noncompliance of the order Annexure C-1 dated 15.05.2018 passed by this Court in WPS No. 1624 of 2009.

2.

The writ petition was disposed of with a direction to the petitioner to file a representation and on such representation being filed, respondent no.3 was directed to decide the same.

3.

Perusal of the record would show that the respondents have now vide order Annexure C-3 dated 05.06.2018 have decided the claim of the petitioner by rejecting the same.

4.

Counsel for the petitioner submits that the order has been passed without taking into consideration the observations of this Court and as such

contempt is made out.

5.

This Court is not inclined to accept the said contention of the petitioner for the reason that the direction was to decide the claim of the petitioner. The respondents have rightly or wrongly decided the same. If the petitioner is aggrieved of the same, the only option left for the petitioner is to assail the order by way of a separate writ petition. 6.

Thus, reserving the right of the petitioner to assail the said order by a separate writ petition, the present contempt petition fails and is accordingly dismissed.

Sd/- P. Sam Koshy Judge Bhola