Sursingh vs Sanjay Porwal
2023 Latest Caselaw 18564 MP

                                                             1
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT INDORE
                                                     BEFORE
                                     HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                              ON THE 3 rd OF NOVEMBER, 2023
                                        CONTEMPT PETITION CIVIL No. 5980 of 2023

                           BETWEEN:-
                           SURSINGH S/O SHRI BHALLA RAWAT, AGED ABOUT 66
                           YEARS, OCCUPATION: GOVT. SERVICE RETIRED R/O
                           IMLI FALIYA GUNERI DISTT. ALIRAJPUR (MADHYA
                           PRADESH)

                                                                                         .....PETITIONER
                           (BY SHRI ROHIT UJJAINI - ADVOCATE)

                           AND
                           1.    SANJAY PORWAL BLOCK EDUCATION OFFICER
                                 TRIBAL AFFAIRS DEPARTMENT ALIRAJPUR
                                 (MADHYA PRADESH)

                           2.    TAPISH  PANDEY ASSISTANT COMMISSIONER
                                 TRIBAL AFFAIRS    DEPARTMENT ALIRAJPUR
                                 (MADHYA PRADESH)

                                                                                      .....RESPONDENTS


                                 T h is petition coming on for orders this day, t h e cou rt passed the

                           following:
                                                              ORDER

The present contempt petition is filed alleging non compliance of Court order dated 4/7/2023 passed in W.P. No.14894/2023. The petitioner filed a petition seeking a direction for consideration of the representation of the petitioner for grant of leave encashment for 300 days in accordance with the M.P. Civil Services (Leave) Rules, 1977.

2. The said petition was disposed off in the light of the judgment passed Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 03-11-2023 17:06:14

in the case of Chaganlal Kakrecha vs.State of M.P. and Ors.(W.P. No.4787/2005) directing the competent authority to decide the case of the petitioner in the light of the judgment passed in the case of Chaganlal (supra) and circular dated 8/3/2019 within period of 8 weeks' from the date of submission of the representation. And if the petitioner is found entitled he shall be given the benefit, forthwith. The petitioner submitted a representation on 12/7/2023 to the respondent No.1 but till this date the order has not been complied with.

3. After hearing learned counsel for the petitioner, this Court is of the view that instead of issuing show-cause notice for contempt to the respondents,

it would be appropriate to grant one more opportunity to the respondents/competent authority to comply with the Court order dated 4/7/2023 passed in W.P. No.14894/2023 within period of 2 months from the date of communication of this order. If the order passed by this Court is not complied with, the contemnor would be liable for contempt proceedings and expenses incurred by the petitioner in filing fresh contempt petition shall be recovered from the contemnors.

4. With the aforesaid, the present petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE Pramod

Signature Not Verified Signed by: PRAMOD KUSHWAHA Signing time: 03-11-2023 17:06:14