High Court Of ChhattisgarhREVP/163/2019allowed

C. L. Ghritlahre v. Chhatrapal Puri

2020-01-03Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 163 of 2019 • C. L. Ghritlahre Chief Executive Officer Janpad Panchayat Pendra, District Bilaspur, Chhattisgarh ---- Petitioner

Versus

1. Chhatrapal Puri S/o Ramdas Aged About 30 Years Rojagar Sahayak, R/o Village Devrikala Janpad Panchayat Pendra, District Bilaspur, Chhattisgarh

2. Ashok Singh Pattam S/o Sukul Singh Sarpanch, Village Panchayat Devrikala Pendra, District Bilaspur, Chhattisgarh

3. Jagdish Kumar Puri S/o Lallan Puri Upsarpanch, Gram Panchayat Devrikala Pendra, District Bilaspur, Chhattisgarh

4. Jagdish Kumar Pawale S/o Mansingh Secretary Gram Panchayat Devrikala Pendra, District Bilaspur, Chhattisgarh ---- Respondents For Petitioner :

Shri A.N.Pandey, Advocate For Respondent No.1 :

None For Respondents 2, 3 and 4 :

Shri Santosh Bharat, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 03/01/2020 Prayer for recall of order dated 26/07/2019 in Cont. No.553/19 has been made on the submission that respondent No.1 - Chhatrapal Puri, while filing Cont. No.553/2019 did not disclose the fact that he was removed from service on the allegation of misconduct vide order dated 09/06/2019 and only thereafter, another order was passed on 10/06/2019 making fresh appointment on the post of Rojgar Sahayak.

Learned counsel for the applicant drew attention of this Court to orders dated 05/02/2019, 08/02/2019 and resolution of Gram Panchayat, Devrikala passed on 11/02/2019 by which, it was resolved to remove respondent No.1 from service. Order dated 09/06/2019 has also been placed on record which shows that respondent No.1 was removed from service on the allegation that his work was not satisfactory and he was involved in manipulating muster roll. The aforesaid facts

which were within the notice and knowledge of respondent No.1 were not brought to the notice of this Court while filing contempt petition No.553/2019 and all that was stated that another appointment has taken place vide order dated 10/06/2019 in violation of interim order dated 13/11/2017.

Apparently, respondent No.1 misled this Court and suppressed the facts. Therefore, order dated 26/07/2019 passed in Cont. No.553/2019 is recalled. Contempt case is dismissed. As respondent No.1 misled this Court and suppressed relevant facts, cost of Rs.10,000/- is imposed on respondent No.1, which shall be recoverable in accordance with law.

Sd/- ( Manindra Mohan Shrivastava ) Judge Deepti