Upendra Singh S/o Shri Khamhan Singh v. Richa Sharma, Additional Chief Secretary Department of Forest and Climate Change, Government of Chhattisgarh, Mahanadi Bhawan, Raipur, District Raipur, (C. G. ).
2025-02-24
ARVIND KUMAR VERMA
body2025
DigiLaw.ai
Order : (Arvind Kumar Verma, J.) 1. This contempt petition has been filed by the petitioners herein, alleging violation of interim order of this Court's dated 31.01.2024 passed in W.P.(S) No.407 of 2024 alongwith WPS No.504/2024. Relevant portion of said order reads as under: ‘……….the State/Respondents are restrained from holding any physical caliber walking test of the unsuccessful candidates who failed on 12.9.2023 to clear the physical test by giving them a second chance, till further orders’ 2. Learned counsel for the petitioners submits that order/direction of this Court has not been duly complied with by the respondent-authority. In support of his contention, he placed reliance upon the decision of hon’ble Allahabad High Court in case of Naresh Chandra Kapoor versus O.P.S Malik & Anr reported in 2004 SCC OnLine All 73 Relevant portion of said order reads as under: “25. In the cases of K. S. Villasa v. Ladies Corner, 1999 (35) ALR 504 (SC) and Madan Lal Gupta v. Ravinder Kumar, JT 2001 (1) SC 123, the Hon'ble Supreme Court has held that if an interim order is intentionally violated or disobeyed action can be taken under the provisions of the Act.” 3. Per contra, learned counsel for the respondent submits that instant petition has been preferred by the petitioners alleging that interim order of this Court’s dated 31.01.2024 is being violated, however, said interim order was vacated by this Court on 08.05.2024 and, thereafter, Writ Petition (S) No.407 of 2024 has been finally disposed of on 09.08.2024 alongwith other bunch of writ petitions, hence, interim order dated 31.01.2024 has been merged with the final order. In support of his contention, he placed reliance upon the decision of hon’ble Supreme Court in case of Prithawi Nath Ram versus State of Jharkhand & Ors reported in 2004 (7) SCC 261 . Relevant portion of said order reads as under: “6. On the question of impossibility to carry out the direction, the views expressed in T.R. Dhananjaya v. J. Vasudevan, 1995 (5) SCC 619 need to be noted. It was held that when the claim inter se had been adjudicated and had attained finality, it is not open to the respondent to go behind the orders and truncate the effect thereof by hovering over the rules to get around the result, to legitimise legal alibi to circumvent the order passed by a court. 9.
It was held that when the claim inter se had been adjudicated and had attained finality, it is not open to the respondent to go behind the orders and truncate the effect thereof by hovering over the rules to get around the result, to legitimise legal alibi to circumvent the order passed by a court. 9. In a given case, even if ultimately the interim order is vacated or relief in the main proceeding is not granted to a party, the other side cannot take that as a ground for dis-obedience of any interim order passed by the court.” 4. Heard learned counsel for the parties, perused the records including the orders of this Court. 5. Relevant portion of order dated 05.08.2024 reads as under:- “Considering this aspect of the matter, interim order passed by this Court on 31.01.2024 is vacated. The respondents are directed to proceed with appointment. However, it is observed that if appointment is made shall be final out come of these petitions. State is free to proceed further with regard to appointment procedure.” 6. Relevant portion of final order passed in WPS No.407/2024 on 09.08.2024 alongwith other bunch of writ petitions, reads as under: “7. Be that as it may, the relief which was claimed in these petitions is to the fact that the respondent/State cannot be allowed to conduct a second walking physical test which was subsequently withdrawn by the State Government, therefore, for the present nothing remains for adjudication in these matters and the petitioners are permitted to withdraw these writ petitions with aforesaid liberty. 8. Accordingly, the instant petitions stand disposed of.’ 7. It is pertinent to mention here that State Government has taken a decision not to conduct the second walking physical test as per final order dated 09.08.2024 passed by this Court. The decision for not holding the second physical test was taken by the State Government was communicated on 20.06.2024 to the Principal Chief Conservator of Forest and Head of Forest Force, copy of which, is annexed Annexure R-2. The decision taken by the Government is noted in the note-sheet, copy of which, is annexed as Annexure R-3 alongwith reply of the respondent dated 19.09.2024. 8.
The decision taken by the Government is noted in the note-sheet, copy of which, is annexed as Annexure R-3 alongwith reply of the respondent dated 19.09.2024. 8. It is also pertinent to mention here that this Court has not passed the time frame order for compliance of the respondent, however, on 08.05.2024, this Court has vacated the interim order dated 31.01.2024 and directed the respondent-authority to proceed with the appointment, however, it was also observed that if appointment is made, same shall be final outcome of these writ petitions and State is free to proceed further with regard to the appointment procedure. Further, the Writ Petition (S) No.407 of 2024 has been finally disposed of on 09.08.2024 alongwith other bunch of writ petitions and interim order dated 31.01.2024 has been merged with the final order. When the interim order is vacated and the relief sought for in the writ petition was not granted to the petitioners, the other side cannot take as a ground for willful dis-obedience of any interim order passed by this Court. 9. For the foregoing discussions, this Court is of the considered opinion that there is no willful disobedience of order of this Court. 10. The contempt proceeding stands closed and the contempt petition is disposed of accordingly. CC as per rules.