Smt. Chameli Sahu v. Vikas Nayak

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 486 of 2017 • Smt. Chameli Sahu W/o Shri Premlal Sahu, Aged About 31 Years R/o Village Rajpur, Tahsil Dhamdha, District Durg, Chhattisgarh. ---- Petitioner

Versus

1. Vikas Nayak, the then Chief Executive Officer, Janpad Panchayat Dhamdha, District Durg, Chhattisgarh.

2. J.S. Rajput, at Presently Posted as Chief Executive Officer, Janpad Panchayat, Dhamdha, District Durg, Chhattisgarh. ---- Respondents For Petitioner Shri A.C. Sahu and Shri V.K. Sahu, Advocates.

For Respondent No.1 Shri Anup Majumdar, Advocate.

For Respondent No.2 Shri Purnendra Khichariya, Advocate.

Shri Vikas Nayak and Shri J.S. Rajput, Respondents/Contemnors are also present.

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 06/04/2018

1. At the very outset, the contemnors would submit that the interim order passed by this Court on 13.04.2017 in WPS No.731 of 2017 could not be complied with because the petitioner has not annexed a copy of the interim order along with her representation dated 02.05.2017. They would submit that at present the petitioner is working on the post on the strength of the interim order passed by this Court.

2. At this juncture, learned counsel appearing for the petitioner

would not dispute that along with the representation dated 02.05.2017 copy of the interim order passed by this Court was not annexed by the petitioner.

3. In view of the above, the reason for non-compliance of the order dated 13.04.2017 passed in WPS No. 731 of 2017 appears to be bona fide and not willful.

4. Considering the fact that at present the order stands complied with and the respondents have undertaken to make payment of salary to the petitioner for the period commencing from the date of her termination, which is under challenge before this Court, no further action is felt necessary in this contempt petition.

5. Accordingly, the contempt petition stands disposed of. Sd/- Judge Prashant Kumar Mishra Akhilesh