Suman Khare v. Shri R.P

Suman Khare, S/o Late Shri Prem Narayan Khare, aged about 56 years, Occupation Service, presently posted as Revenue OfEcer, Municipal Corporation, Raipur (CG). Versus Shri R.P. Mandal, Secretary, Department Urban Administration and Development, DKS Bhawan, Mantralaya, Raipur (CG). CONTEMPT PETITION UNDER ARTICLE 215 OF THE CONSTITUTION OF INDIA READ WITH SECTION 12 OF THE CONTEMPT OF COURTS ACT,1971. ^y^s" ^\ HIGH COURT OF CHHATTISGARH : BILASPUR Sinnle Bench: Hon'ble Shri Manindra Mohan ShriyastavaiA Contempt Case (Civil) N0.53 of 2012 Petitioner Suman Khare Versus Respondent/Contemnor Shri R. P. Mandal (Contempt petition under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act, 1971) Present: - Shri Shashank Thakur, counsel for the petitioner. v ORAL ORDER (Passed on 23-02-2012) Heard.

This contempt petition has been filed by the petitioners alleging willful disobedience oforderdated 23-06-2011 (Annexure C-1) passed by this Court in W.P.(S)No.3585of2010.

Case of the petitioner is that the order canceling promotion of the petitioner was set aside by this Coyrt vide order dated 21-04-2011 passed in W.P.(S)No.6710 of 2009 and batch of petitions. However, during the course of pendency of the writ petition, the petitioner was transferred vide order dated 13-07-2010 from Municipal Corporation, Korba to Municipal Corporation, Raipur, treating him as Revenue Officer, though he was working on the promoted post i.e. Deputy Commissioner on the basis of interim order passed by this Court. The petitioner herein challenged the transfer order dated 13-07- 2010 by filing Writ Petition(S)No.3585 of 2010 and the said writ petition was disposed off by this Court vide order dated 23-06-2011 by quashing the transfer order dated 13-07-2010 with an observation that the transfer order required to be modified as it is indisputable that by the said transfer order, the petitioner was placed on a lower post. After the order passed by this Court on 23-06- 2011, the petitioner submitted a representation before the respondent authority on 21-07-2011 & 09-11-2011 with a request for modification of the transfer ,v. E3"'Bte.-. =€'%,. r.f j ^, 1.^ \^s^.-' (^\ order dated 13-07-2010, but till date, the respohdent authority has not taken any initiative to comply with the order.

Learned counsel for the petitioner submits that though the State as well as the respondent-Corporation had filed writ appeal, which was dismissed by this Court, yet the respondent authority has not taken any steps for modification of the transfer order dated 13-07-2010.

After going through the records, pleadings and documents on record, 1 find that the writ petition filed by the petitioner and other persons was allowed vide order dated 21-04-2011 setting aside the order of cancellation of promotion. On petitioner, own showing, writ appeals were also filed by the State as well as by the respondent-Corporation, which were dismissed.

Considering the aforesaid circumstances that the writ appeal filed by the Corporation came to be dismissed only on 31-01-2012, l am not inclined to issue notice to the respondent at this stage. The petitioner shall approach the respondent by filing a suitable representation. In case, suitable steps are not taken by the respondent to extend the benefit available to the petitioner, as a consequence of order passed by this Court in writ petition as well as in writ appeal, within a period of one month from the date of receipt of representation and copy of the order, which is now being passed by the Court, the petitioner would be at liberty to revive the petition.

With the aforesaid observation, the petition is finally disposed off. Sd/- Manindra Mohan Shrivastava Judge