Rahul Chaudhary vs M.L. Dhiman And Another

Ajay Mohan Goel, J

By way of this contempt petition, the petitioner has alleged willful disobedience of the orders passed by learned Tribunal in O.A. No. 632 of 2019,

titled as Rahul Chaudhary vs. State of Himachal Pradesh, dated 22.02.2019.

When this matter was listed on 29.06.2020, this Court passed the following order:-

“Having heard learned counsel for the parties at length, the Court is, prima facie, satisfied that there is a willful disobedience of order dated

22.02.2019, passed by the erstwhile learned Himachal Pradesh State Administrative Tribunal in O.A. No. 632 of 2019, as despite the stay of orders

dated 4th January, 2019 and 13th February, 2019, the authority concerned issued Memorandum dated 14th March, 2019 by overreaching the order so

passed by the learned Tribunal.

Learned Additional Advocate General submits that subsequently the order of suspension was revoked. In my considered view, this will not purge the

contemnors of the contempt of the Court order, for the simple reason that as on the date when Annexure C-3 was issued by the competent authority,

as the order of deputation of the petitioner from Directorate of Horticulture to Directorate of Agriculture stood stayed, said authority could not have

had issued Memorandum dated 14th March, 2019, without having approached the learned Tribunal and have the order passed by it dated 22.02.2019

modified.

From the above, this Court is satisfied that there indeed is a contempt of the order passed by the learned Tribunal.

At this stage, learned Additional Advocate General submits that the case be taken up after one week. As prayed for, list on 6th July, 2020.â€​

Today, the Court has been informed that the respondents have purged themselves of the contempt.

Learned Counsel for the petitioner however informs the Court that the petitioner has not been paid the wages of February and March, 2019.

Learned Additional Advocate General submits that the same shall be paid provided there is no legal impediment in this regard.

In this view of the matter, no further order is required to be passed in this petition. Accordingly, these contempt proceedings are dropped. Notice

discharged.