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Contempt Case No.1261 of 2010
Ashwani Kumar Shukla M.K. Rai and ors.
22.10.2010
Shri Dilip Pandey, Counsel for the petitioner.
This application is filed for initiating contempt proceedings
against the respondents alleging non-compliance of order dated
19.4.2010 in W.A. No.696/09. By the aforesaid order, this Court
decided the writ appeal which reads thus :-
“Shri Dileep Pandey for the appellant.
Shri Samdarshi Tiwari, GA, for the respondents.
For the reasons stated in the application – I.A.
No.8065/09 supported by an affidavit, the delay in filing
the appeal is condoned.
I.A. No.2976/10 is allowed. Documents are
taken on record.
Heard finally with the consent of learned counsel
for parties.
Appellant’s counsel has submitted that the
appellant has been absorbed as Forest Guard vide order
(A/1) dt.25.2.2010 passed by the Chief Conservator of
Forest, Rewa Circle, Rewa. Counsel has submitted that
the petitioner may be given liberty, in changed
circumstances, to file representation with respect to
promotion to the post of Forester and for according the
seniority with retrospective effect.
In case petitioner files such representation, as
assured by Shri Samdarshi Tiwari, GA, same will be
considered within a period of four months from the date
of its filing along with certified copy of the order.
In the circumstances, it is ordered that in case
petitioner files representation within a period of one
month from today, same shall be considered by the
respondents within a period of four months.
Writ appeal stands disposed of in terms of the
aforesaid order.”
It is submitted by the petitioner that after the decision in the
writ appeal, petitioner filed representation Annecure C-5 and C-6 but
till date the matter has not been decided by the State government. It
is also submitted that the respondents have not decided the matter of
the petitioner in respect of the promotion on the post of Forester.
From the perusal of the facts of the case, we find that the
petitioner was working as Godown Keeper under the respondents. He
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Contempt Case No.1261 of 2010
Ashwani Kumar Shukla M.K. Rai and ors.
22.10.2010
has undergone successful training of the Forester between 1.11.1995
and 31.10.1996. Thereafter he sought his absorption as Forest
Guard. The case of the petitioner was turned down by the writ Court
in W.P.12214/2003 against which a writ appeal was preferred which
was decided by an order which has been referred hereinabove. It will
be pertinent to mention here that during the pendency of the writ
appeal, petitioner was absorbed as Forest Guard vide order dated
25.2.2010. After the decision in writ appeal, petitioner moved an
application to the respondents for his promotion on the post of
Forester. The matter of the petitioner was considered by the
Conservator of Forest, Rewa Division, Rewa vide Annexure C-7 on
24.6.2010 and after considering the case of the petitioner it was
found that he was much junior in the list of Forest Guards while the
promotion from the post of Forest Guard to the post of Forester was
based on seniority-cum-merit. As the petitioner was junior in the
seniority list so he was not entitled for the promotion and the
representation of the petitioner was rejected. It appears that the
petitioner approached to the State Minister, Forest, Bhopal who
directed the Chief Conservator of Forest, Rewa Division, Rewa to
consider the case of the petitioner for promotion. The Conservator of
Forest, Rewa Division, Rewa vide Annexure C-8 dated 20.8.2010
considered the matter and found that the case of the petitioner was
already been turned down but as there are directions by the State
Minister of Forest, the matter was referred to the State Government
for directions. On the basis of this letter Annexure C-8, it is submitted
by the petitioner that the case of the petitioner has not been decided
finally by the State Government so contempt proceedings may be
initiated against the respondents.
The aforesaid contention is misconceived. The case of the
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Contempt Case No.1261 of 2010
Ashwani Kumar Shukla M.K. Rai and ors.
22.10.2010
petitioner was duly considered by the Chief Conservator of Forest and
vide order Annexure C-7 it was turned down. As the matter was
considered and decided by the Chief Conservator of Forest who is the
competent authority to consider the case of the petitioner for
promotion on the post of Forester, no case is made out for initiating
contempt proceedings. Petitioner is always free to assail the order
Annexure C-7 in accordance with law but merely because of some
directions were issued by the State Minister of Forest and the Chief
Conservator of Forest has sought directions from the State
Government, will not be a ground to assume that the case of the
petitioner has not been decided by the respondent No.1 or by the
State Government finally. The case of the petitioner was duly
considered and it was turned down vide order Annexure C-7. There
was no question of any further consideration by the Chief Conservator
of Forest. Petitioner if advised so, may assail the order Annexure C-7
before the appropriate forum. No case is made out for initiating
contempt proceedings. This petition is accordingly dismissed at the
admission stage with no order as to costs.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
vj