Sodha Devi vs Ashwani Kumar And Others

Sandeep Sharma, J

By way of present petition filed under S. 12 of Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner to initiate contempt proceedings against the respondents for willful and deliberate disobedience of order dated 7.11.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5617 of 2016, titled Sodha Devi vs. H.P. State Electricity Board, 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 judgment dated 27.10.2010, rendered by this Court in CWP No. 3073 of 2009, Sant Ram vs. State of H.P. & Ors, disposed of the Original Application with a direction to the respondents/competent Authority to extend benefit of aforesaid judgments to the petitioner, if on verification he is found to be similarly situate person, within six weeks, from the date of production of a certified copy of order. Since no action, whatsoever, came to be taken by the respondents in pursuance to order passed by erstwhile Himachal Pradesh Administrative Tribunal, petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Learned Counsel appearing for the respondents 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 six weeks from today.

Having taken note of the fair stand adopted by learned Counsel appearing for the respondents, this Court sees no reason to keep the present proceedings alive and same are closed with a direction to the respondents to do the needful, if not already done, in terms of order in question, within a period of six weeks from today. Needless to say, petitioner shall be at liberty to get the contempt petition revived, in case, respondents fail to comply with the order in question, so that appropriate action is taken against the erring officials. Notices issued to the respondents are discharged.