High CourtsSingle Bench

Kavita Sharma vs Arun Kumar Sharma And Others

High Court Of Himachal Pradesh · Decided on 21 July 2020 · Citation: (2020) 07 SHI CK 0097

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Contempt Of Courts Act, 1971 — Section 10, 12
RESULT
Disposed Of
CASE NUMBER
COPC (T) No. 743 Of 2020
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Judgment

4 paragraphs · 359 words

Sandeep Sharma, J

1.

By way of present petition filed under Ss. 10 & 12 of 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 27.11.2017 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5900 of 2017, titled Kavita Sharma vs. The State of Himachal Pradesh and others, whereby learned Tribunal below having taken note of the statement made by learned Counsel appearing for the petitioner that the case of petitioner is squarely covered by judgment dated 15.6.2015 rendered by this Court in CWP No. 8953/2013, Joga Singh and others vs. State of Himachal Pradesh and others and connected matters, disposed of the Original Application with a direction to the respondent/competent Authority to extend benefit of aforesaid judgments to the petitioner, if on verification he is found to be similarly situate person, within three months, from the date of production of a certified copy of order. Since no action, whatsoever, came to be taken by the respondents in pursuance to order passed by erstwhile Himachal Pradesh Administrative Tribunal, petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

2.

Learned Additional Advocate General appearing for the respondent fairly states that though se has every reason to believe that by now order in question must have been complied with by the respondent, but if not, same would be complied within a period of three weeks from today.

3.

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 order in question, within a period of three 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 order in question, so that appropriate action is taken against the erring officials. Notices issued to the respondents are discharged.