High CourtsSingle Bench

Rajesh Kumar vs Manoj Kumar IAS & Another

High Court Of Himachal Pradesh · Decided on 25 February 2021 · Citation: (2021) 02 SHI CK 0278

HON’BLE JUDGES
Sandeep Sharma, J
RESULT
Disposed Of
CASE NUMBER
COPC(T) No.8 Of 2021
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Judgment

17 paragraphs · 325 words

Sandeep Sharma, J

1.

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

respondents for having intentionally and deliberately disobeyed the judgment/order dated 14.6.2019, passed by erstwhile H.P. State Administrative

Tribunal, Shimla in OA(M) No.147 of 2017, titled as Rajesh Kumar versus State of Himachal Pradesh and others.

2.

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

original application, directed the respondents to consider the case of the applicant/petitioner for promotion to the post of Head Constable in terms of

the standing order dated 29.5.2003, within two months from the date of production of certified copy of the order. Since no action, if any, ever came to

be taken at the behest of the respondents pursuant to the aforesaid direction issued by the Tribunal, applicant/ petitioner has approached this Court in

the instant proceedings.

3.

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 complied

with, but if not, same would be complied with within a period of two weeks from today.

4.

Consequently, in view of the fair statement made by learned Additional Advocate General representing the respondents, 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

two 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 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.