Banwar Ganesh Sahu v. R. C. Sinha

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet Cont.No. 183 of 2021 Banwar Ganesh Sahu S/o Late Ram Chandra Sahu Aged About 64 Years R/o Village Lato, P.O. Siriyadih, District Baloda Bazar-Bhatapara Chhattisgarh --- Petitioner

Versus

1. R. C. Sinha The Secretary General Administration Department Mahanadi Bhawan Mantralaya, Naya Raipur Civil and Revenue District Raipur Chhattisgarh 490002.

2. D. R. Patil, Accountant General (Lekha Evam Hakdari) Zero Point Vidhan Sabha Road, Raipur

3. Ravi Netam, Divisional Joint Director, Treasury, Accounts and Pension, Raipur, Distt. Raipur, Chhattisgarh ---- Respondents 16.02.2021 Mr. Barun Kumar Chakrawarti, counsel for the petitioner. Mr. Amrito Das, Addl. Advocate General, for the State. The instant petition has been filed for willful disobedience of the order dated 18.10.2019 passed in WPS 8608 of 2019. The petition has been preferred on 24.12.2020. However, apparently it appears that the petition is barred by limitation in view of section 20 of the Contempt of Court Act, 1971. Learned counsel for the petitioner submits that considering the nature of the order dated 18.10.2019, the petitioner's case would be considered in view of the decision of the division bench of the Madras High Court. Learned State counsel opposes the argument of the petitioner and submits that the circular has already been issued on 15.07.2020 whereby reference made to the order of the High Court of Madras passed in P. Ayyamperumal Vs. Registrar, Central Administrative Tribunal has not been made applicable.

In view of such submission, no contempt case would be made out against the respondents in this case. Accordingly, this contempt petition is dismissed. The petitioner shall be at liberty to file a fresh petition in view of the circular dated 15.07.2020.

Sd/- GOUTAM BHADURI JUDGE R a o