Ramesh Kumar vs Sandeep Bhatnagar

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 intentionally and deliberately disobeyed the order/judgment dated 19.12.2016 passed by the Erstwhile H.P. State Administrative Tribunal,

Shimla in OA No.6652 of 2016, titled as Ramesh Kumar versus The Himachal Road Transport Corporation and others.

Careful perusal of aforesaid order/judgment, alleged to have been violated, (Annexure PÂ1), reveals that learned Tribunal below having taken note

of the statement made by the learned counsel representing the petitioner that the case of the petitioner is squarely covered under the judgment dated

17.7.2014 rendered by this Court in CWP No.3050 of 2014, titled Nek Ram versus State of Himachal Pradesh and others, disposed of the original

application with a direction to the respondents/competent authority to consider the case of the petitioner in the light of the aforesaid judgment and

ordered that in case the petitioner is found to be similarly situate, benefit in terms of aforesaid judgment be granted to him within a period of three

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 respondent

pursuant to the aforesaid direction issued by the Tribunal, applicant/ petitioner has approached this Court in the instant proceedings.

Ms. Shubh Mahajan, learned counsel representing the respondent while accepting notice on behalf of the respondent, states that though she has

every reason to believe and presume that by now aforesaid judgment/order 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.

Consequently, in view of the fair statement made by learned counsel representing the respondent, this Court sees no reason to keep the present

petition alive and as such, same is accordingly disposed of with the direction to the respondent to do the needful within a period of two weeks, if not

already done, failing which, he would further aggravate the contempt. Petitioner is at liberty to get the present proceedings revived in case aforesaid

order/judgment is not complied with, so that appropriate action, in accordance with law is taken against erring official. Notices issued to the respondent

is hereby discharged accordingly.