B.S. Banjare v. Gaurav Dwivedi

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Contempt Case No.965 OF 2018 B.S. Banjare S/o S/o Shri C. R. Banjare Aged About 52 Years R/o Beside Of Minj I. T. I. Khairaha Bhatha, Bilaspur Road, Sarangarh, Tehsil And P. S. Sarangarh, District Raigarh, Chhattisgarh. ---- Petitioner

Versus

Gaurav Dwivedi Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, P. S. And Post Rakhi, New Raipur, District Raipur, Chhattisgarh.

... Respondent(s) For Petitioner :

Shri Abhishek Pandey,Advocate.

For Respondent :

Shri Vipin Tiwari, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board 31.01.2019

1. The present Contempt petition has been filed alleging non-compliance of the order dated 11.05.2018 whereby a direction was given by this Court in WPS No. 3615 of 2018 directing the Appellate Authority to decide the appeal preferred by the petitioner against his suspension.

2. The respondent has now filed a reply along with copy of order dated 20.09.2018 (Annexure-R-1) intimating the Court that the appeal has since been decided vide the said order Annexure-R-1.

3. Given the facts that the appeal preferred by the petitioner has since been decided vide order dated 20.09.2018 (Annexure-R-1), this Court is of the opinion that the order of this Court dated 11.05.2018 seems to have been complied with and the contempt as such does not survive any further, though, there is delay of two months time on the part of the respondent in taking a decision and for which they have tendered their apology.

4. On due consideration the reply and the justification assigned by the respondent seems to be fair and reasonable.

5. Accordingly, the Contempt Petition stands disposed of and the respondent stands discharged of the contempt proceedings reserving right of the petitioner to assail the subsequent development by way of a fresh proceeding, if he so feels.

Sd/- (P. Sam Koshy) Judge inder/Arvind