Mohinder Singh & Another vs Ajay Kumar & Another

Sandeep Sharma, J

By way of present Contempt Petition, prayer has been on behalf of the petitioner for initiation of contempt proceedings against the respondents for

having intentionally and deliberately disobeyed the order/judgment dated 2nd July, 2018, passed by learned erstwhile H.P. Administrative Tribunal in

O.A. No. 3531 of 2018, titled as Mohinder Singh and another Versus State of Himachal Pradesh and others.

Careful perusal of aforesaid judgment, alleged to have been violated, (Annexure (C-1), reveals that learned Tribunal 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 July

26,2017, rendered by this Court in LPA No. 69 of 2017, titled State of H.P. & others Versus Sh. Sita Ram & another, disposed of the petition with a

direction to the respondents/competent authority to grant benefit of aforesaid judgment to the petitioner, if he found to be similarly situate, within a

period of four weeks. Since despite there being specific direction to do the needful within a period of three months from the date of production of

certified copy of the order before the said authority by the applicants, the respondents have failed to grant the benefit to the petitioner in terms of the

judgment passed by this Court in Sita Ram’s case supra, petitioner has approached this Court in the instant proceedings.

Mr. Sudhir Bhatnagar, learned Additional Advocate General representing the respondents while accepting notice on behalf of the respondents

states that though he has every reason to believe and presume that by now aforesaid judgment alleged to have been violated, must have been

implemented, but if not, same would be implemented within a period of four weeks from today.

Consequently, in view of the statement made by learned Additional Advocate General, this Court sees no reason to keep the present petition alive

and as such, same is accordingly disposed of with the direction to the respondents to do the needful within a period of four weeks, if not already done,

failing which, they 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

respondents are hereby discharged accordingly.