Suresh Kumar vs Shamsher Singh Negi

Sandeep Sharma, J

By way of instant contempt petition filed under S.10 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent/contemnor for having willfully and intentionally disobeyed order dated 12.12.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 833 of 2016, titled Suresh Kumar vs. State of Himachal Pradesh and others, whereby learned Tribunal below had directed the respondent to consider and decide the case of the petitioner for appointment on compassionate grounds for the post of Forest Guard within a period of six weeks. Since needful in terms of aforesaid order was not done by the respondent, as such, petitioner has approached this Court in the instant proceedings.

Having carefully perused the reply, filed on behalf of the respondent/contemnor, this court finds that the order alleged to have been violated has been duly complied with. Perusal of order dated 25.5.2017,(Annexure R-III) reveals that the case of the petitioner for appointment to the post of Forest Guard on compassionate grounds has been already considered and rejected in terms of order dated 12.12.2016 passed by erstwhile Himachal Pradesh Administrative Tribunal and as such, this court finds no action of respondents to be contemptuous. Therefore, no purpose would be served by keeping present proceedings alive and same are closed. Notice issued to the respondents are discharged.

Liberty is reserved to the petitioner to initiate appropriate proceedings in appropriate court of law laying therein challenge to order dated 25.5.2017, if so advised. Since instant petition having been filed by petitioner remained pending for considerable time, limitation shall not come in the way of the petitioner while filing appropriate proceedings, if any, in the competent court of law.