Kaul Chand vs Sudhir Katoch

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 willfully and intentionally disobeyed the directions contained in order/judgment dated 8.10.2018, passed by the Erstwhile HP State Administrative Tribunal in OA No. 5964 of 2018, 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 order/judgment dated 18.9.2015, rendered by this Court in CWP No. 8215 of 2013, R.B.S. Negi and Ors v. State of HP and Ors., disposed of the OA with direction to the respondents to consider the case of the applicant strictly in light of aforesaid order/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/competent authority pursuant to aforesaid direction issued by the Tribunal, petitioner has approached this Court in the instant proceedings.

Ms. Suchitra Sen, learned counsel for the respondent, submits that though she 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 two 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 order/judgment alleged to have been violated within a period of two 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.