High CourtsSingle Bench

Sunil Dutt Sharma vs Jitender Kanwar And Others

High Court Of Himachal Pradesh · Decided on 25 August 2020 · Citation: (2020) 08 SHI CK 0320

HON’BLE JUDGES
Ajay Mohan Goel, J
RESULT
Disposed Of
CASE NUMBER
COPCT No. 240 Of 2020
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Judgment

18 paragraphs · 348 words

Ajay Mohan Goel, J

1.

By way of this contempt petition, the petitioner alleges willful disobedience of the orders passed by erstwhile learned Himachal Pradesh

Administrative Tribunal in T.A. No. 2128 of 2015, titled as Sunil Dutt Sharma vs. State of H.P. and others, dated 01.03.2017, which case stood

disposed of by learned Tribunal in the following terms:-

“3. The sealed cover is ordered to be opened and the report taken on record. A perusal of the report reveals that correct answer to Question No. 2

of the Question Booklet, Annexure P-10, is option © and not (A) as shown in the Answer Key, Annexure P-17.

4.

In view of the above, the writ petition (now transferred application) is disposed of with a direction to respondents No. 1 to 3 to take further action in

the matter in the light of the report of the Committee of Experts referred to hereinabove in accordance with law as expeditiously as possible, but in

any case not later than three months from the date of production of certified copy of this order before respondent No. 2, through its Secretary, by the

applicant.â€​

2.

A perusal of the documents appended with the petition demonstrate that in obedience to the order passed by the learned Tribunal, the process was

taken to its logical conclusion and vide Annexure R/I-C, the petitioner was informed that his name does not fall in the zone of selection as cut off

marks of the last selected/recommended candidate of General (UR) category were 170, whereas the petitioner had scored 169 marks in written test

as well as personal interview.

3.

Prima facie, in view of the steps so taken by the competent authority in compliance to the order passed by the Court, by no stretch of imagination, it

can be said that any contempt was committed by the respondents, yet, parties have been dragged to this unnecessary litigation by the petitioner.

4.

As this Court is of the view that there is no violation of the order passed by learned Tribunal, accordingly, these contempt proceedings are dropped.

Notice discharged.