Surjit Chand vs Yunus And Others

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Sandeep Sharma, J

By way of present Contempt Petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having intentionally and deliberately disobeyed the order/ judgment dated 15.09.2020 passed by the Division Bench this Court in CWP No.3657 of 2020 titled as Surjit Chand versus Himachal Road Transport Corporation & others, whereby this Court while disposing of the writ petition having been filed by the petitioner, directed the respondents to release 50% of the due and admissible retiral benefits together with statutory interest, within fifteen days. Since, no steps, if any, came to be taken at the behest of the respondents for implementing the aforesaid mandate issued by this Court, petitioner was compelled to approach this Court in the instant proceedings.

Mr. Varun Chandel, learned counsel representing the petitioner on instructions states before this Court that both the petitioner as well as his wife are seriously ill as such, they are in dire need of money. He states that petitioner is under treatment from PGI Chandigarh, where he is supposed to visit every week for dialysis.

Mr. Vikas Rajput, learned counsel representing the respondents while putting in appearance on behalf of the respondents states that though he has every reason to believe and presume that by now aforesaid judgment alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of two weeks from today.

Consequently, in view of the fair statement made by learned counsel for the respondents, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondents to do the needful in terms of the judgment alleged to have been violated, within a period of two weeks, failing which, they would further aggravate the contempt. Petitioner is at liberty to get the present proceedings revived in case aforesaid judgment is not complied with, so that appropriate action, in accordance with law is taken against erring official. Notices issued to the respondents are hereby discharged accordingly. Respondents are directed to file compliance affidavit within a period of one week after expiry of two weeks' time granted by this Court for complying with the directions contained in the judgment alleged to have been violated.

Learned counsel representing the respondents has undertaken before this Court to personally apprise the Managing Director, H.R.T.C., with regard to difficulty being faced by the petitioner on account of non compliance of the judgment alleged to have been violated, so that needful is done by the authorities on top most priority.