Madhya Pradesh High Court
Shalini Jain vs Shri Mohammad Suleman on 28 November, 2023
Author: Sanjay Dwivedi
Bench: Sanjay Dwivedi
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANJAY DWIVEDI
ON THE 28 th OF NOVEMBER, 2023
CONTEMPT PETITION CIVIL No. 3930 of 2023
BETWEEN:-
1. SHALINI JAIN D/O SHRI UTTAMCHAND JAIN,
AGED ABOUT 28 YEARS, OCCUPATION: CHO(
INTERN) POSTING BAHADURPUR R/O BLOCK
RAHATGAH DISTRICT SAGAR (MADHYA
PRADESH)
2. ARTI KOL D/O SHRI BHURA KOL, AGED ABOUT 38
YEAR S , OCCUPATION: CHO(INTERN) POSTING
TIHAI, BLOCK RAMPUR BAGHELAN, DISTRICT
SATNA (MADHYA PRADESH)
3. JOY VIKAS RAO S/O SHRI VINOD ANAND RAO,
AGED ABOUT 41 YEARS, OCCUPATION:
CHO(INTERN) POSTING MARDANPUR, BLOCK
RAHATGARH, DISTRICT SAGAR (MADHYA
PRADESH)
4. JULIAT SMITH D/O SHRI HOKINS SMITH
OCCUPATION: CHO(INTERN) POSTING
BARNMOHGAW, BLOCK BARHI BADWARA,
DISTRICT KATNI (MADHYA PRADESH)
5. PARVATI JAMRE S/O SHRI MEHTAB JAMRE,
AGED ABOUT 27 YEARS, OCCUPATION:
CHO(INTERN) POSTING SANKHEDI, BLOCK
HARSUD, DISTRICT KHANDWA (MADHYA
PRADESH)
6. VANDANA MASRE D/O SHRI BADRI LAL MASRE,
AGED ABOUT 27 YEARS, OCCUPATION:
CHO(INTERN) POSTING GOGAIPUR, BLOCK
KHALWA, DISTRICT KHANWA (MADHYA
PRADESH)
7. VANDANA VISHWAS S/O SHRI MANAS DEV
BARMAN, AGED ABOUT 26 YEARS, OCCUPATION:
CHO(INTERN) POSTING HWC BARGI, BLOCK
HARRAI, DISTRICT CHHINDWARA (MADHYA
PRADESH)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 11/30/2023
11:29:44 AM
2
8. PUSHPA D/O SHRI SHANKAR LAL, AGED ABOUT 25
YEAR S , OCCUPATION: CHO(INTERN) POSTING
UDIYPUR RYT KHALWA, DISTRICT KHANDWA
(MADHYA PRADESH)
9. SEEMA BANSKAR D/O SHRI CHHATAN BANSKAR,
AGED ABOUT 38 YEARS, OCCUPATION:
CHO(INTERN) POSTING CHOHTA, BLOCK
BHIMPUR, DISTRICT BETUL (MADHYA PRADESH)
10. MADHURI ATHANKAR S/O SHRI RAMKISHORE
ATHAN KAR R/O BLOCK ASHTA PARMANENT
ADDRESS PADHAR BUZURG, BETUL SUB CENTRE
ARNIA JOHARI DISTRICT SEHORE (MADHYA
PRADESH)
11. TEJA NINAMA D/O SHRI PHOOLJI NINAMA, AGED
ABOUT 25 YEARS, OCCUPATION: CHO(INTERN)
POSTING SAJAI NEW BLOCK BADARWAS
DISTRICT SHIVPURI (MADHYA PRADESH)
12. SHEELA MUNIYA D/O SHRI SULTAN SINGH
MUNIYA, AGED ABOUT 31 YEARS, OCCUPATION:
CHO(INTERN) POSTING HAMIRGARH, BLOCK
PETLAWAD, DISTRICT JHABUA (MADHYA
PRADESH)
13. MANJU AHORIYA D/O SHRI PREM SINGH
AHORIYA, AGED ABOUT 26 YEARS, OCCUPATION:
CHO(INTERN) POSTING BATYAODA BLOCK
RAHATGARH, DISTRICT SAGAR (MADHYA
PRADESH)
14. ANITA BHURIYA D/O SHRI ROOPJI BHURIYA,
AGED ABOUT 24 YEARS, OCCUPATION:
CHO(INTERN) POSTING SEHRAI BLOCK
MUNGAOLI, DISTRICT ASHOK NAGAR (MADHYA
PRADESH)
15. ANJALI NAWDE D/O ANSINGH NAWDE, AGED
ABOUT 25 YEARS, OCCUPATION: CHO(INTERN)
POSTING KELMALE BLOCK SENDHAWA,
DISTRICT BARWANI (MADHYA PRADESH)
16. AASHIKA ZILVE D/O KANHAIYA ZILVE, AGED
ABOUT 24 YEARS, OCCUPATION: CHO(INTERN)
POSTING PENDARNIA BLOCK SENDHWA
DISTRICT BARWANI (MADHYA PRADESH)
17. BACHHU DUDVE D/O SHRI PASARIYA DUDVE,
AGED ABOUT 25 YEARS, OCCUPATION:
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 11/30/2023
11:29:44 AM
3
CHO(INTERN) POSTING RAYSAGAR, BLOCK
BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
18. GITA D/O SHRI KUVER SINGH, AGED ABOUT 28
YEAR S , OCCUPATION: CHO(INTERN) POSTING
BHAWARGARH ( NEW), BLOCK SANDHWA,
DISTRICT BARWANI (MADHYA PRADESH)
19. JYOTI SINGH D/O SHRI CHIAN SINGH, AGED
ABOUT 25 YEARS, OCCUPATION: CHO(INTERN)
POSTING JAMPATI BLOCK SENDHWA, DISTRICT
BARWANI (MADHYA PRADESH)
20. KAVITA BARDE D/O SHRI SHIKARIYA BARDE,
AGED ABOUT 25 YEARS, OCCUPATION:
CHO(INTERN) POSTING MOJALI BLOCK RAJPUR
BARWANI (MADHYA PRADESH)
21. KIRAN SEHLOT W/O SHRI ANKIT SOLANKI, AGED
ABOUT 29 YEARS, OCCUPATION: CHO(INTERN)
POSTING THANDLA, UDAIGARH, DISTRICT
ALIRAJPUR (MADHYA PRADESH)
22. LALI NINGWAL D/O SHRI KALYA NINGWAL,
AGED ABOUT 31 YEARS, OCCUPATION:
CHO(INTERN) POSTING LAPHANGAON BLOCK
RAJPUR, DISTRICT BARWANI (MADHYA
PRADESH)
23. RAMILA MOURYA W/O SHRI FUL SINGH
MOURYA, AGED ABOUT 35 YEARS, OCCUPATION:
CHO(INTERN) POSTING NANDIYA BLOCK
BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
24. RINA YOGI W/O SHRI JAGDISH YOGI, AGED
ABOUT 31 YEARS, OCCUPATION: CHO(INTERN)
POSTING LAHORPANI BLOCK BHAGWANPURA,
DISTRICT KHARGONE (MADHYA PRADESH)
25. RINU DAMOR D/O SHRI RAMSINGH DAMOR,
AGED ABOUT 24 YEARS, OCCUPATION:
CHO(INTERN) POSTING LEELUMARI BLOCK
BHABRA DISTRICT ALIRAJPUR (MADHYA
PRADESH)
26. SHARDA GARWAL D/O SHRI JAWAR SINGH, AGED
ABOUT 25 YEARS, OCCUPATION: CHO(INTERN)
POSTING JALI BLOCK JABOT DISTRICT
ALIRAJPUR (MADHYA PRADESH)
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 11/30/2023
11:29:44 AM
4
27. SHANTA CHOUHAN D/O SHRI BHAGWAN
CHOUHAN, AGED ABOUT 33 YEARS,
OCCUPATION: CHO(INTERN) POSTING TEMLA
NEW BLOCK THIKRI, DISTRICT BARWANI
(MADHYA PRADESH)
28. SANTI SOLANKI S/O SHRI PARSINGH SOLANKI,
AGED ABOUT 31 YEARS, OCCUPATION:
CHO(INTERN) POSTING HWC GULJHIRI NEW
BLOCK BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
29. TARKA KHARTE D/O SHRI MUNNA LAL KHARTE,
AGED ABOUT 28 YEARS, OCCUPATION:
CHO(INTERN) POSTING PIPLYADAWADI, (NEW)
BLOCK BHAGWANPURA, DISTRICT KHARGONE
(MADHYA PRADESH)
30. MANISHA JAMRE D/O SHRI HARESH JAMRE,
AGED ABOUT 35 YEARS, OCCUPATION:
CHO(INTERN) POSTING PANJARAYA NEW, BLOCK
SENDHWA, DISTRICT BARWANI (MADHYA
PRADESH)
31. PRIYA YOGI W/O SHRI RAKESH YOGI, AGED
ABOUT 27 YEARS, OCCUPATION: CHO(INTERN)
POSTING RAMGADI, BLOCK SENDHWA,
DISTRICT BARWANI (MADHYA PRADESH)
32. PRIYANKA DAWAR D/O SHRI JAGAN DAWAR,
AGED ABOUT 27 YEARS, OCCUPATION:
CHO(INTERN) POSTING KOT KIRADI, BLOCK
SENDHWA, DISTRICT BARWANI (MADHYA
PRADESH)
33. NILAM BAGHEL D/O SHRI MUKAM SINGH
BAGHEL, AGED ABOUT 26 YEARS, OCCUPATION:
CHO(INTERN) POSTING AJANDA BLOCK AMBUA
DISTRICT ALIRAJPUR (MADHYA PRADESH)
34. KAVITA MAIDA D/O SHRI PARU MAIDA, AGED
ABOUT 26 YEARS, OCCUPATION: CHO(INTERN)
POSTING FATA BLOCK AMBUA, DISTRICT
ALIRAJPUR (MADHYA PRADESH)
35. GUDDI W/O SHRI NARENDRA DEWDA, AGED
ABOUT 32 YEARS, OCCUPATION: CHO (INTERN)
POSING JHAKELA, BLOCK RAMA, DISTRICT
JHABUA (MADHYA PRADESH)
36. LALITA CHAREL W/O SHRI KAMAL KUMAR
Signature Not Verified
Signed by: SUSHMA
KUSHWAHA
Signing time: 11/30/2023
11:29:44 AM
5
CHAREL, AGED ABOUT 37 YEARS, OCCUPATION:
CHO (INTERN) POSING MANKAPUR BLOCK
UDAIPURA, DISTRICT RAISEN (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI YUVRAJ VAIDYA - ADVOCATE)
AND
1. SHRI MOHAMMAD SULEMAN THROUGH
PRINCIPAL SECRETARY MINISTRY OF HEALTH
AND FAMILY WELFARE R/O VALLBH BHAWAN
BHOAL (MADHYA PRADESH)
2. MS. PRIYANKA DAS, MISSION DIRECTOR
NATIONAL HEALTH MISSION, MADHYA PRADESH
LINK ROAD, NO.3, PATRAKAAR COLONY BHOPAL
(MADHYA PRADESH)
3. SHRI KRISHNA KUMAR RAVAT, CHIEF
ADMINISTRATIVE OFFICER, NATIONAL HEALTH
MISSION, MADHYA PRADESH LINK ROAD, NO.3,
PATRAKAAR COLONY BHOPAL (MADHYA
PRADESH)
4. SHRI O.P. TIWARI, THE THEN STATE NODAL
OFFICER, HEALTH AND WELLNESS, NATIONAL
HEALTH MISSION, MADHYA PRADESH 6TH
FLOOR, SATPURA BHAWAN, BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI B.D.SINGH - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The Contempt Petition has been filed alleging non-compliance of order dated 14/03/2023 passed in W.P.No.5322/2023.
This Court by order dated 20/11/2023 has directed for presence of respondent no.2 and also his explanation as to why she should not be punished for non-complying the order passed by this Court in W.P.No.5322/2023. The Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 11/30/2023 11:29:44 AM 6 compliance report has been submitted by counsel for the respondent. It is also submitted that under some misconception order could not be complied with and it was a mistake of sub-ordinate officer who has not placed the particular case before the authority, otherwise in other identical cases compliance has been made.
Although, counsel for petitioner has tried to establish that the mistake is not bonafide but it is deliberate, therefore, contemnor should be punished.
Though, the conduct of respondent - contemnor is not appreciable but considering the fact that she has tendered unconditional apology and complied the order, it is not proper to initiate contempt proceeding and pass any order of punishment against her. Although, it is expected from the respondent- contemnor not to repeat such conduct in future.
With the aforesaid, contempt petition is disposed of.
(SANJAY DWIVEDI) JUDGE sushma Signature Not Verified Signed by: SUSHMA KUSHWAHA Signing time: 11/30/2023 11:29:44 AM