Dr. Ashwani Kumar Randev vs Hari Chand Sharma And Another

Sandeep Sharma, J

By way of instant contempt petition filed under S.17 of the Administrative Tribunals Act, 1985 read with S.12 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents/contemnors for having willfully and intentionally disobeyed order/judgment dated 1.6.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 6730 of 2016, titled Dr. Ashwani Kumar Randev vs. Dr. Yashwant Singh Parmar University of Horticulture and Forestry, Nauni and another, whereby learned Tribunal below, while allowing the Original Application having been filed by the petitioner, held appointment of private respondent No.2 in the Original Application as Dean, College of Horticulture, Neri, to be illegal, quashed the same and directed the University to consider the matter regarding appointment of Dean of the said college afresh, strictly in accordance with the Rules/law including Act and Statutes of the University latest by 30.6.2017. Since no action in terms of aforesaid judgment/order came to be taken by the respondents, petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Having carefully perused the reply filed by respondent No.1, this Court finds that judgment dated 1.6.2017 alleged to have been violated, stands duly complied with. It has been categorically stated in para-4 of the reply that orders, appointing Dr. P.C. Sharma, as Dean, COH&F, Neri, stand withdrawn vide orders dated 6.7.2017 and charge of Dean, CoH&F Neri has been given to the senior most officer namely Dr. K.S. Verma, Director of Research, vide orders of even date. It has been further stated in the reply that the University has sought permission of the Government to fill the post of Dean, COH&F Neri by open selection on regular tenure basis vide letter dated 12.7.2017, which is awaited and that the post of Dean, COH&F Neri can be filled up on regular tenure basis, after approval of State Government is received.

Having carefully perused the aforesaid reply filed by respondent No.1, this Court finds that the order alleged to have been violated in the present case, has been duly complied with and as such, there is no reason to keep the present proceedings alive, which are accordingly closed. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law qua surviving grievance, if any. Notices issued to the respondents are discharged.