High CourtsSingle Bench

Subhash Chand (1st) vs Dr. Sandeep Bhatnagar

High Court Of Himachal Pradesh · Decided on 7 August 2020 · Citation: (2020) 08 SHI CK 0027

HON’BLE JUDGES
Sandeep Sharma, J
ACTS & SECTIONS REFERRED
Administrative Tribunals Act, 1985 — Section 17
RESULT
Disposed Of
CASE NUMBER
COPCT No. 565 Of 2020
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Judgment

17 paragraphs · 329 words

Sandeep Sharma, J

1.

By way of present petition filed under S.17 of the Administrative Tribunals Act, prayer has been made on behalf of the petitioner to initiate

contempt proceedings against the respondent for willful and deliberate disobedience of order dated 4.5.2018 passed by erstwhile Himachal Pradesh

Administrative Tribunal in OA No. 2392 of 2018 titled Subhash Chand vs. Himachal Road Transport Corporation and another, 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 17.7.2014, rendered by this Court in CWP No. 3050/2014, Nek Ram vs. State of Himachal Pradesh and others, disposed of the

Original Application with a direction to the respondents to extend benefit of aforesaid judgment to the petitioner, if on verification he is found to be

similarly situate person, within 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.

2.

Ms. Shubh Mahajan, learned Counsel appearing for the respondent states that vide cheques dated 6.8.2020, amounting to Rs.6,47,082/- and

Rs.1,21,010/-, payment on account of leave encashment and on account of interest on delayed payment stands made to the petitioner. Learned

Counsel appearing for the petitioner, while fairly acknowledging the factum with regard to receipt of aforesaid cheques, states that some amount still

remains to be paid on account of interest on delayed payment of pension/communication of pension.

3.

Having taken note of the aforesaid, this Court sees no justification for keeping the present proceedings alive and same are accordingly disposed of.

Notice issued to the respondent is discharged. Liberty is reserved to the petitioner to initiate appropriate proceedings before appropriate court of law,

qua his surviving grievances, if any.