Contempt petition alleging non-compliance of an order directing enquiry into the genuineness of a caste status certificate produced at employment. The court found from documents filed by respondents that the order was complied with, no willful non-compliance was established, and closed the petition while reserving liberty to challenge the fresh order.
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[CONT-283-2020]
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CONT No. 283 of 20 20
Dilip, Son of Dumar, aged about 48 years, Resident of Quarter No. M/484, Shakti Nagar, Post Bhatgaon, District Surguja (Now Surajpur) (Chhattisgarh)
---- Petitioner
Versus
1 – Mr. B.R. Reddy, Chairman-cum-Managing Director, South East Coalfield Ltd. Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh)
2 – A.K. Padhy, General Manager (P), South East Coalfield Ltd., Seepat Road, Bilaspur, District Bilaspur (Chhattisgarh)
---- Respondents ------------------------------------------------------------------------------------------------------ For petitioner : Mr. T.K. Tiwari, Advocate For respondents : Mr. Sudhir Kumar Bajpai, Advocate
SB: Hon'ble Shri Justice Sanjay K. Agrawal Order On Board
08. 01.2024
1. This contempt petition has been filed by the petitioner alleging noncompliance of this Court’s order dated 22.08.2019, passed in WPS No.526 of 2008 (Dilip v. State of Chhattisgarh and others).
2. This Court by order dated 22.08.2019, passed following order:
3. Thereafter, the respondents herein passed order dated 11.07.2022,
maintaining the dismissal order of the petitioner dated 25.06.2007.
4. It has been contended on behalf of the petitioner that order of this
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Court dated 22.08.2019 has not been complied with in its letter and spirit, whereas number of documents ranging from Annexure-R/1 to R/14 have been filed alongwith the reply of the respondents to demonstrate that the order in question has been complied with.
5. After hearing learned counsel for the parties and considering the material available on record, especially documents filed alongwith the reply of the respondents, as Annexure-R/1 to R/14, I am of the considered opinion that the order in question dated 22.08.2019 has been complied with by the respondents.
6. In that view of the matter, I am not inclined to entertain this contempt petition, as no willful non-compliance of this Court’s order dated 22.08.2019 has been established. Accordingly, the contempt petition is closed . Rule nisi is discharged. However, liberty is reserved in favour of the petitioner to question the order dated 11.07.2022 in accordance with law.
Sd/- (Sanjay K. Agrawal) Judge
s@if
2 issues framed by the court
Whether respondents willfully failed to comply with the Court's order dated 22.08.2019 directing an enquiry into the genuineness of the petitioner's caste certificate.
Whether the contempt petition should be entertained given documents showing compliance.
Dilip, son of Dumar
B.R. Reddy, Chairman-cum-Managing Director, South East Coalfield Ltd.
A.K. Padhy, General Manager (P), South East Coalfield Ltd.
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
