Prem Chand vs P.C.Negi And Another

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 respondents for having willfully, intentionally and deliberately disobeyed/ violated the order/ judgment dated 15.5.2017, passed by the Erstwhile H.P. Administrative Tribunal in TA No. 4096 of 2015, whereby learned Tribunal below while allowing the application, having been filed by the petitioner, directed the respondents to consider the case of the applicant/petitioner for promotion to the post of Assistant Engineer in the light of the judgment rendered by Hon'ble Apex Court in Dev Dutt versus Union of India and Ors., (2008) 8 Supreme Court Cases 725, decided 12th May, 2008 and judgment dated 27.2.2013 passed by this Court in CWP No. 3671 of 2010­D, titled as Shri Dharma Nand versus Himachal Pradesh Financial Corporation and others, by ignoring the un­communicated ACRs for the period between 2007 to 2011 alongwith all consequential benefits.

Reply having been filed by the respondents­ contemnors clearly reveals that the order/judgment alleged to have been violated has been duly complied and as such, nothing remains to be adjudicated in the present petition.

Having carefully perused the reply filed on behalf of the respondents/contemnors, learned counsel representing the petitioner seeks permission to withdraw the present petition with liberty to file appropriate proceedings in appropriate Court of law for redressal of surviving grievances.

Consequently, in view of the above, the present petition is disposed of as having rendered infructuous with liberty to the petitioner to file appropriate proceedings in appropriate Court of law qua the surviving grievances, if any.