Ram Lal vs Sita Ram Mardi

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 respondent for having willfully and intentionally disobeyed the order/judgment dated 31.5.2018, passed by the Erstwhile H.P. Administrative Tribunal in OA No. 2449 of 2018, whereby the Tribunal below disposed of the petition with direction to the respondent to consider the case of the petitioner for promotion to the rank of ASI in accordance with rules/law, at par with Head Constable Gian Chand on or before 31.8.2017. Since no steps, if any, ever came to be taken at the behest of the respondent for implementation of aforesaid order/judgment within the time stipulated by the Tribunal below, petitioner was compelled to approach this Court in the instant proceedings.

Having carefully perused reply filed by the respondent as well as copy of order dated 8.1.2019 (Annexure R-3), this Court finds that judgment alleged to have been violated stands duly complied with. Careful perusal of aforesaid order dated 8.1.2019 clearly reveals that pursuant to direction contained in the aforesaid judgment passed by the Tribunal, respondent-competent authority has considered the case of the petitioner at par with HC Gian Chand and as such no action of respondent can be said to be contumacious.

Consequently, in view of the above, this Court sees no reason to keep the present petition alive and accordingly, same is closed. However, liberty is reserved to the petitioner to file appropriate proceedings in appropriate Court of law, laying therein challenge to aforesaid order passed by respondent, if he still feels aggrieved. Notice issued to the respondent is discharged.