^ HIGH COURTOF CHHATTISSARH. BU-ASPUR CONTEMPT PETITION (CIVIL1 N0.81/2008 PETITIONER CONTEMNOR Manrakhan Sahu, S/o Sukhiram Sahu, Aged 60 years, Labour (Pennanent Gang), Tandula Water Resources, Sub-DMsion No.2 Balod, District Duig (C.G.) Versus Shri A.K. Jam, SiA-Divisnwial Ofteer, Tandula Water Resources, Sub-Dh/islonal No.2, Balod, District Durg (C.G.) CONTEMPT PETITION UNDERARTICLE 215(21 QF THE CONSTITUTION OF INDIAR/WSECTION 10 OF THE CONTEMPT OF COURf&ACT — Appearance: Shri Anup Majumdar, Counsel for e petitioner. Shri Pantej Shrivastava, Counsel fortiie respondenffcontemnor. ORALORDER^ (08.05.2008) SUNILKUMARSINHA.J. Heard finally with the consent ofthe parties. The petitioner has Tited this Contempt Petition on account of the allegednon-complianceofthe order dated 20.12.2(X)7 passed In W.P.(S) No.7622/2007. The contention of leamed counsel for the petittOTier is that after passing ofthe aforesaid order, by which, the said Writ Petition was disposed of in terms of theorder dated 04.01.2007 psssect In W.P. No.108/2005 and other connected matters, the petittoner applied to respondent for reindatement in service along with the copy of the said order on 31.12.2007, but his reinstatement was not done up to a long period and ultimately, he was reinstated on 27/3/2008 i.e. after filing of the present Contempt Petition. He further submits that the arrears of salary of the petltioner, for which he is entitled, has not been patd to him; This Court had issued notice to the respondent, on which, a reply has been flled. Para 4 of the reply reads as under: Contemot Petition fCivfl) No.81/2008 A-; te'' Shyna "4 That, after passing of order by trts Hon'ble Court, vMe letter drted 31.1.2008, the answering Respondent forwaKled the application of the petitioner to the Executlve Engineer and sought proper guidance. Thereafter, again vide letter dated 06.02.2008 and 25.03.2008 guidance was sought from the Executive Engioeer by the answering Res(»ndent.Copies of the letter dated 31.01.2008, 06.02.2008 and 25.03.2008 are being fited herew'th and marked as ANNEXURE R-2 collectively. Upon which, the ExeciAive Engineer vide tts letter dated 01.03.2008 sought guidance from the Superintendent Engineer and the Chief Engineer vide its letta- dated 07.03.2008 and 26.03.2008 sought an opinion from the Principal Secretary, Govt. of Chhattisgarh, Department of Water R^ource. Copies of thesame are being filed herewitti and markedas ANNEXURE R-S" On due consideration of the submlsskins of teamed counsel for the petitioner and after perusalof the entlre recorcte of t»e Contempt Petition, it would be clear that nothing has been brought on record to show that either therewas any direction in tt»e eariier order or the subsequent oreter to compty with the same within a particular period or any particularauthority ofthe State wasdfrected tocompty it in aparticular manner. In view of the above, I ara of the opiroon that if the respondent, in compliance of the order <rf the Court,h% taken joining of the petitioner on 27/3/2008, as admitted by both the partres and the matter of payment of arrears is also under consideration, as stated by leamed counsel for the respondent, it stell not amount to contempt ofthe order passed by this Cairt. For the foregoing reasons, 1 cto not find any substance In the Contempt Petition filed by the petitioner and the same is accoidingly dismissed. Notice for cwtempt fssued ^ain^ the responctent te hereby discharged. Sd/- 1 Sunil Kumar Sinha Judge