High Court Of ChhattisgarhCONT/1179/2019dismissed

Rakesh Kumar Tandon v. Ashutosh Pandey

2020-01-08Hon'Ble Shri Justice Sharad Kumar Gupta2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 1179 of 2019 • Rakesh Kumar Tandon S/o Late Shri Jai Ram Tandon Aged About 36 Years Working As Data Entry Operator, And Posted At Janpad Panchayat Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh. R/o Sakri, Post Amera, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Applicant

Versus

1. Ashutosh Pandey Chief Executive Officer, Zila Panchayat Baloda Bazar, District Baloda Bazar Bhatapara, Chhattisgarh., District : BalodabazarBhathapara, Chhattisgarh

2. Chandrashekhar Sharma Chief Executive Officer, Janpad Panchayat Baloda Bazar, District Baloda Bazar Bhatapara, Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For applicant : Shri A.P. Sharma, Adv.

For Non-applicant : Not noticed.

Hon'ble Shri Sharad Kumar Gupta, Judge ORAL ORDER 8-1-2020 1.

Heard on admission.

The applicant has preferred this contempt petition under Section 12 of the Contempt of Court Act, 1971 (in short 'Act of sd1971') read with Article 215 of the Constitution of India.

3. Earlier while deciding the WPS No. 4678/2018 filed by the applicant, this Court vide order dated 19-7-2018 has directed that the applicant may file fresh representation before the respondents No. 1 and 2 within 10 days from that date and the respondents No. 1 and 2 shall decide such representation within 60 days from the date of receipt of certified copy of the order according to the law and procedure.

4. As per Annexure C-2 applicant had made the representation before the respondents No. 1 and 2 along with copy of said order of this Court which was received by them on 25-7-2018.

5. As per the provisions of Section 20 of the Act of 1971 limitation for action of contempt is one year from the date on which the contempt is

alleged to have been committed.

6. In the case in hand, on 25-7-2018 the copy of the order was received by the respondents No. 1 and 2. As per order of this Court, said representation was required to be decided within 60 days i.e. by 23-92019. Thus, the limitation for initiation contempt proceeding against respondents No. 1 and 2 expires on 23-9-2019. Instant petition has been filed on 24-12-2019. Hence the instant petition is barred by limitation as per provisions of Section 20 of the Act of 1971.

7. Consequently the instant petition is not admitted for final hearing and it is dismissed in limine.

Sd/- (Sharad Kumar Gupta) Judge Pathak