News By/Courtesy: Akanksha Dash | 26 May 2020 14:58pm IST

HIGHLIGHTS

  • The collector's apology was rejected
  • He is being held in contempt for disregarding a judicial order 4 times
  • A show cause notice has been issued

A District Collector at Anuppur in Madhya Pradesh after disobeying multiple orders by the Madhya Pradesh High Court is to face contempt proceedings against him. The Collector in question is Chandramohan Thakur who he rendered an “unconditional apology”. But, this was rejected by the bench of Justice Vishal Dhagat stating that this “is not a case where Collector has committed a single mistake".
On the 30th of August 2019, an order was passed by the High Court that out a stay on a transfer order against the Petitioner who was an Assistant Commissioner Tribal Welfare, Anuppur. The order directed that “even if the Petitioner had been relieved and if somebody else had been brought in his place, even then the Petitioner shall be allowed to continue at his place of posting.”
The Court mentioned four instances where the Collector disobeyed the order:
  • “First, on September 9, 2019, he issued a note sheet stating that the said post had been given to one DS Rawat and advised the Petitioner to join in the district as per government order.
  • Second, on December 6, 2019, another transfer order was passed against the Petitioner, directing the Petitioner to take charge of the office in Barwani District. The same came to be stayed by the Court on December 16, 2019 and the Petitioner took charge of the office in Anuppur on December 20, 2019.
  • Third, to prevent the Petitioner from sitting in the office, SDO, who works under Thakur, sealed the office of Assistant Commissioner Tribal Welfare, Anuppur on December 22, 2019.
  • Lastly, despite Divisional Commissioner's direction to comply with the High Court order dated August 30, 2019, Thakur allowed one Vivek Pandey to join as in-charge Assistant Commissioner Tribal Welfare, Anuppur.”
The Collector told the Court that the impugned note sheet had been withdrawn and apologized for the same but the Court was inclined to initiate contempt proceedings. The bench stated that: "It is not a case where Collector has committed a single mistake and thereafter he has relented by withdrawing its note sheet dated 05/09/2019. After writing of note sheet dated 05/09/2019, under the directions of Collector, S.D.O. has sealed the office of Assistant Commissioner Tribal Welfare, Anuppur on 22/12/2019 and he was not allowed to work as Assistant Commissioner Tribal Welfare. The action of respondent No.1 was contemptuous. He openly, voluntarily, and willfully defied the order passed by this Court on 30/08/2019.”
A show-cause notice has been hence issued asking the Collector to respond to why punishment may not be imposed on him for “willful disobedience of a judicial order.”
The case is to be heard post lockdown.

Section Editor: Pushpit Singh | 26 May 2020 20:57pm IST


Tags : contempt, collector, judicial order

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