Rakesh Kumar vs Anil Kumar Khachi And Another

Ajay Mohan Goel, J

By way of this contempt petition, the petitioner has alleged willful disobedience of the order passed by erstwhile learned Himachal Pradesh Administrative Tribunal in O.A. No. 39 of 2015, titled as Rakesh Kumar vs. State of H.P. and others, dated 14.09.2017, which original application stood decided by the learned Tribunal in the following terms:-

"3. The applicant claims the benefit of judgment rendered by Hon'ble High Court of Himachal Pradesh in CWP(T) No. 6785 of 2008, Narender Singh Naik Versus State of Himachal Pradesh and others, decided on 14.09.2010, as upheld in LPA No. 271 of 2011, State of Himachal Pradesh and others Versus Narender Singh Naik, decided on 09.04.2013. Learned Counsel for the applicant submits that the said judgment has become final and implemented also.

If that is so, the present original application is disposed of with a direction to the respondents to consider the case of the applicant also, strictly in view of the principles laid down in the judgment cited hereinabove, within a period of two months from today. The applicant shall produce a certified copy of this order as well as the judgment in CWP No. 6785 of 2008 before the respondents/competent authority within a week."

Mr. Kul Bhushan Khajuria, learned Counsel for the petitioner submits that as the order passed by learned Tribunal has not been complied with till date, the petitioner will be satisfied in case respondents are directed to pass appropriate orders in terms of the directions issued by learned Tribunal in the original application, within a period of three weeks from today. Ordered accordingly. In other words, at this stage, these contempt proceedings are dropped with the direction to the competent authority to pass appropriate orders, as per the directions issued by learned Tribunal, positively within a period of three weeks from today. It is ordered that as there has been a considerable delay in compliance of the directions issued by learned Tribunal, no further extension of time shall be granted for the purpose of compliance of these directions. It is clarified that in case directions issued by learned Tribunal are not complied with by the respondents within the time period given by this Court, then the petitioner shall be at liberty to revive this petition by filing appropriate application in the present contempt petition itself. Notices discharged.