r ^ HIGH COURT OF CHHATTISGARH. BILASPUR CONTEMPT CASE (Civil) N0.17 of 2010 PETITSONER Kamleshwar Prasad Mishra, S/o Shri C.P.MJshra, aged about 59 years, Presently working as Forester-At Bahrasi, Forest Divisjon- Manendragarh, District Korea (Chhattisgarh) Versus RESPONDENT O.P.Yadav, DivJsional Forest Officer, Forest Division Manendragarh, District Korea (Chhattisgarh) CONTEMPT PETITION UNDERSECTION 12 OF THE CONTEMPT OF COURT ACT Aopearance: Shri Sandeep Dubey, Counsel forthe petitioner. ORALORDER (25.01.2010) SUNIL KUMAR SINHA. J. Heard. Petitioner -Kamleshwar Prasad Mishra has filed this petition for initiation of proceedings of contempt against respondent -O.P. Yadav, Divisionaf Forest Officer, Forest Division Manendragarh, District Korea (Chhattisgarh). Learnedcounsel for the petitioner submits that while issuing notice to the respondents in W.P.(S) No.4912of2009 on 01.09.2009, this Court directed that "in the meanwhile, effect and operation of the impugned order dated 01.8.2009 shall remain stayed till the next date of hearing and the petitioner shatl be aflowed to work in his present pl^ce of posting." He submits that at that time, the petitioner was posted at Bahrasi Range. He further submits that thereafter, necessary order was passed by the Divisional Forest Officer on 10.11.2009 (Annexure C/2), which was in compliance of the Court order CONTEMPTCASE (Civil) N0.17 of 2010 dated 01.09.2009. Even the State Govemment passed necessary orderon 20.11.2009 (AnnexureC/4)and it was directed that the petitioner would be allowed to continue at Behrasi Range of Forest Division Manendragarh. The petitioner raises the grievance that even after passing of the orders Annexure C/2 by the respondent and Annexure C/4 by the State Government, the respondent, now, is not allowing the petitionertowork atBehrasi Range, which is in violation ofthe Court order. 1 am unable to accept this contention pf learned counset for the petitioner. When the State Government has already passed anorder for posting of the petitioner in Behrasi Range of Forest Division, Manendragarh on 20.11.2009, which is in compliance of the order dated 01.09.2009 passed by this Court in W.P.(S) No.4912 of 2009, unless, the said order is changed by the Government, it has to be complied with by the subordinates. !n the facts and circumstances of the case, presently, 1 am not inclined to issue notice to the respondent, because there iscompliance oftheorder passed bythis Court on 01.09.2009. However, it is expected that all the concemed authorities shal! compiy with the further order passed by the State Government in this regard vide Annexure C/4. With the above observations/directions, this petition stands finaliy disposed of with a liberty to the petitioner to take appropriate steps in future, ifthe order passed by this Court as also by the State Government vide Annexure C/4 is not compliedwith in its letter and spirit. Sd/- Sunil Kumar Sinha Judge