Desh Raj Attri vs Sandeep Bhatnagar

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 respondent for having intentionally and deliberately disobeyed the order/judgment dated 28.12.2018, passed by the erstwhile H.P. State Administrative Tribunal, Shimla in OA No.7694 of 2018, titled as Desh Raj Attri versus Himachal Road Transport Corporation.

Careful perusal of aforesaid order/judgment, alleged to have been violated, (Annexure C­1), reveals that learned Tribunal below having taken note of the statement made by the learned counsel representing the petitioner that the case of the petitioner is squarely covered under the judgment dated 17.7.2014 rendered by this Court in CWP No.3050 of 2014, titled Nek Ram versus State of Himachal Pradesh and others, disposed of the original application with a direction to the respondent to consider the case of the petitioner in the light of the aforesaid judgment and ordered that in case the petitioner is found to be similarly situate, benefit in terms of aforesaid judgment be granted to him within a period of three 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 respondent pursuant to the aforesaid direction issued by the Tribunal, applicant/ petitioner has approached this Court in the instant proceedings.

Ms. Shubh Mahajan, learned counsel representing the respondent while accepting notice on behalf of the respondent, states that though she has every reason to believe and presume that by now aforesaid judgment/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 fair statement made by learned counsel representing the respondent, 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 do the needful within a period of four weeks, if not already done, failing which, he would further aggravate the contempt. Petitioner is at liberty to get the present proceedings revived in case aforesaid order/judgment is not complied with, so that appropriate action, in accordance with law is taken against erring official. Notices issued to the respondent is hereby discharged accordingly.