Roshan Lal vs Anil Bahari

Sandeep Sharma, J

By way of present petition filed under Ss. 10 and 12 of the Contempt of Courts Act read with Art. 215 of the Constitution of India, prayer has been

made on behalf of the petitioner to initiate contempt proceedings against the respondent for willful and deliberate disobedience of order dated

31.8.2018 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5272 of 2018, titled Roshan Lal vs. The State of H.P. and others,

whereby learned Tribunal below having taken note of the statement made by learned Counsel appearing for the petitioner that the case of petitioner is

squarely covered by Office Memorandum dated 18.9.2017 (Annexure A-1 of the Original Application), disposed of the Original Application with a

direction to the respondent to extend benefit of aforesaid Office Memorandum to the petitioner, if on verification he is found to be similarly situate

person, as expeditiously as possible but not later than three months from the date of production of a certified copy of the order. Since no action,

whatsoever, came to be taken by the respondent in pursuance to order passed by erstwhile Tribunal, petitioner has approached this Court in the instant

proceedings, praying therein to take appropriate action against the respondent, in accordance with law.

Learned Additional Advocate General fairly states that though he has every reason to believe that by now order in question must have been

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

Having taken note of the fair stand adopted by learned Additional Advocate General, this Court sees no reason to keep the present proceedings

alive and same are closed with a direction to the respondent to do the needful, if not already done, in terms of order in question, within a period of two

weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondent fails to comply with the order

in question, so that appropriate action is taken against the erring officials. Notice issued to the respondent is discharged.