Kamlesh Kumari vs Rajeev Sharma And Another

Sandeep Sharma, J

By way of present petition filed under Art. 12 of the Constitution of India read with Ss. 11 and 12 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner to initiate contempt proceedings against the respondents for willful and deliberate disobedience of order dated 12.1.2018 passed in TA No. 3136 of 2015 titled Kamlesh Kumari vs. State of Himachal Pradesh and another, whereby erstwhile Himachal Pradesh Administrative Tribunal, having taken note of the statement made by learned Counsel appearing for the petitioner that the case of petitioner is squarely covered by judgment passed by this Court in CWP No. 2967 of 2014, Kamini Sharma vs. State of Himachal Pradesh and others decided on 12.9.2014, disposed of the petition with a direction to the respondents to extend benefit of aforesaid judgment to the petitioner, if on verification she is found to be similarly situate person, within three months from the date of production of certified copy of order. Since no action, whatsoever, came to be taken by the respondents in pursuance to order (supra), petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Mr. Sudhir Bhatnagar, learned Additional Advocate General, fairly states that though he has every reason to believe that by now judgment in question must have been complied with by the respondent, but if not, same would be complied within a period of four weeks from today.

Having taken note of the fair stand adopted by learned Additional Advocate General, this Court sees no reason to keep the present proceedings alive and same are closed with a direction to the respondents to do the needful, if not already done, in terms of judgment in question, within a period of four weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondents fail to comply with the judgment in question, so that appropriate action is taken against the erring officials. Notices issued to the respondents are discharged.