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Judgment
17 paragraphs · 328 wordsSandeep Sharma, J
By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent
for having willfully and intentionally disobeyed the directions contained in order/judgment dated 31.5.2019, passed by the Erstwhile HP State
Administrative Tribunal in OA No. 2043 of 2019, whereby the Tribunal below having taken note of the statement made by the learned counsel for the
petitioner that his case is squarely covered by the judgment dated 21.12.2010, rendered by this Court in CWP(T) No. 8964 of 2008, Prem Raj and Ors
v. State of HP and Ors., disposed of the petition with direction to the respondents to consider the case of the applicant strictly in light of aforesaid
judgment rendered by this Court within a period of forty five days from the date of production of certified copy of the order. Since no action,
whatsoever, came to be taken at the behest of the respondents pursuant to aforesaid direction issued by the Tribunal, petitioner has approached this
Court in the instant proceedings.
Mr. Sudhir Bhatnagar, learned Additional Advocate General, representing the respondent, submits that though he has every reason to presume that
by now, judgment alleged to have been violated must have been complied with in its totality, but if not, same would be definitely complied with within a
period of three weeks from today.
Consequently, in view of the fair stand adopted by the learned counsel for the respondent, this Court sees no reason to keep the present petition
alive and accordingly, same is closed. However, respondent-contemnor is directed to do the needful in terms of judgment alleged to have been violated
within a period of three weeks, failing which respondent would aggravate the contempt and petitioner would be at liberty to get the present petition
revived so that appropriate action in accordance with law is taken against the respondent-contemnor. Notice issued to respondent is discharged at this
stage.
