Ajit Kumar vs Prabodh Saxcena And Another

Sandeep Sharma, J

By way of present Contempt Petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having intentionally and deliberately disobeyed the order dated 2.8.2016, passed by the Erstwhile H.P. Administrative Tribunal in O.A No.3692 of 2016, titled as Ajit Kumar versus State of Himachal Pradesh and another.

Careful perusal of aforesaid order dated 2.8.2016 reveals that learned Tribunal below having taken note of the submission made by learned counsel representing the petitioner that case of the petitioner is squarely covered under the judgment dated 30.10.2014, rendered by this Court in CWP No.811 of 2011, titled as Ashwani Kumar versus Himachal Pradesh State Electricity Board and others and the connected matters, disposed of the original application with the direction to the respondents/ competent authority to extend the benefit of aforesaid judgment to the petitioner herein, in case he is similarly situate, within a period of two months from the date of production of certified copy of the order. Since no action, if any, ever came to be taken at the behest of the respondents pursuant to the aforesaid direction issued by the Tribunal, applicant/ petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General while accepting notice on behalf of the respondent fairly states that by now aforesaid order alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of four weeks from today.

Consequently, in view of the aforesaid statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondent to comply with the order,alleged to have been violated,within a period of four weeks, failing which, petitioner would be at liberty to get the present proceedings revived, so that appropriate action, in accordance with law, is taken against erring officials. Notice issued to the respondent is hereby discharged accordingly.