Subhash Chaudhary (Deceased) Through His Legal Heir Widow Smt. Saroj Kumar And Others vs Rajeev Sharma And Another

Sandeep Sharma, J

By way of present petition filed under S.12 of the Contempt of Courts Act, 1971 read with Art. 215 of the Constitution of India, prayer has been made on behalf of the petitioners to initiate contempt proceedings against the respondents for willful and deliberate disobedience of order dated 4.10.2018 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 5125 of 2018, titled Subhash Chaudhary vs. State of H.P. and others, whereby learned Tribunal below having taken note of the statement made by learned Counsel appearing for the petitioners that the case of petitioners is squarely covered by judgment dated 19.12.2011 rendered by this Court in CWP No. 1201 of 2010, Anil Kumar and others vs. State of Himachal Pradesh and others, disposed of the Original Application with a direction to the respondent to extend benefit of aforesaid judgment to the petitioners, if on verification they are found to be similarly situate, 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 respondents in pursuance to order passed by erstwhile Tribunal, petitioners have approached this Court in the instant proceedings, praying therein to take appropriate action against the respondents, in accordance with law.

Mr. Sudhir Bhatnagar, 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 four 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 respondents to do the needful, if not already done, in terms of order in question, within a period of four weeks from today. Needless to say, petitioners 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.