Dr. Bhushan Kumar Agrawal vs Shri Kailash Chandra Gupta Ias
2023 Latest Caselaw 22054 MP

Madhya Pradesh High Court

Dr. Bhushan Kumar Agrawal vs Shri Kailash Chandra Gupta Ias on 21 December, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                           ON THE 21 st OF DECEMBER, 2023
                                     CONTEMPT PETITION CIVIL No. 6685 of 2023

                           BETWEEN:-
                           DR. BHUSHAN KUMAR AGRAWAL S/O LATE SHRI H.C.
                           AGRAWAL, AGED ABOUT 72 YEARS, OCCUPATION:
                           RETIRED PROFESSOR PHYSICS GOVT. HOLKAR
                           SCIENCE COLLEGE INDORE R/O 2-EG SCHEME NO. 54
                           VIJAY NAGAR INDORE (MADHYA PRADESH)

                                                                                .....PETITIONER
                           (BY SHRI S.K. PUROHIT, ADVOCATE)

                           AND
                           1.    SHRI KAILASH CHANDRA GUPTA IAS PRINCIPAL
                                 SECRETARY HIGHER EDUCATION DEPARTMENT
                                 VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                           2.    SHRI AJEET KESARI IAS PRINCIPAL SECRETARY
                                 FINANCE DEPARTMENT GOVT. OF MADHYA
                                 PR AD ES H VALLABH BHAWAN, MANTRALAYA,
                                 BHOPAL (MADHYA PRADESH)

                           3.    SHRI    KAILASH   CHANDRA    GUPTA    IAS
                                 COM M ISSION ER DEPARTMENT OF HIGHER
                                 EDUCATION, MADHYA PRADESH 5TH FLOOR, C
                                 WING, SATPURA BHAVAN, ARERA HILLS, BHOPAL
                                 (MADHYA PRADESH)

                           4.    DR. KIRAN SALUJA REGIONAL ADDITIONAL
                                 D I R E C T O R HIGHER EDUCATION, INDORE
                                 D IVISION OLD GDC CAMPUS, MOTI TABELA,
                                 INDORE (MADHYA PRADESH)

                           5.    SMT. NEELUM NIMAMA DIVISIONAL PENSION
                                 OFFICER INDORE DIVISION SATELLITE BHAWAN,
                                 COLLECTORATE    CAMPUS,    MOTI    TABELA,
                                 INDORE (MADHYA PRADESH)

                                                                              .....RESPONDENTS
Signature Not Verified
Signed by: SOUMYA
RANJAN DALAI
Signing time: 21-12-2023
17:51:29
                                                                 2


                                    This petition coming on for admission this day, th e court passed the
                           following:
                                                                 ORDER

The contempt petition is filed alleging non-compliance of Court order dated 14.08.2023 passed in WP No.19580/2020. The petitioners filed a petition before this Court claiming one annual increment payable w.e.f. 01.07.2016. The said petition was disposed of in the light of the judgment passed in the case of Yogendra Singh Bhadauria & Ors. vs. State of MP (WA No.645/2020, dated 22.09.2020).

2. Counsel for the petitioner submits that till this date the order has not

been complied with.

3. Considering the aforesaid submission and taking into consideration that period was not mentioned in the order, therefore, this Court is of the view that instead of issuing notice to the respondents, one opportunity may be given to the respondents to comply with the order within sixty days from the date of communication of the order. If the order is not complied with within the said period, the contemnors shall be liable for contempt of Court and if the petitioner is required to file contempt petition again, the expenses incurred by the petitioner shall be recovered from the contemnors.

4. With the aforesaid directions, the contempt petition is disposed off.

(VIJAY KUMAR SHUKLA) JUDGE soumya