Himachal Pradesh High Court
Poonam vs Om Prakash on 19 September, 2025
Bench: Vivek Singh Thakur, Sushil Kukreja
FAO (FC) No.48 of 2025 19.09.2025 Present: Mr. G.R.Palsra, Advocate, for the applicant/appellant.
Mr. Kishore Pundeer, Advocate, for the respondent.
CMP No.10886 of 2025 Application is allowed and refiling the appeal is condoned.
Application stands disposed of.
FAO (FC) No. 48 of 2025 As per report of learned Mediater, matter could not be settled amicably in mediation proceedings. Therefore, main matter is to be adjudicated on merit.
Admit.
List for hearing in due course.
Record also be requisitioned.
CMP(M) No. 15666 of 2025.
Reply to the application, as prayed be filed within two weeks positively. Rejoinder thereto, within two weeks thereafter.
List for consideration on 11.11.2025.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS State of H.P Vs Rani .
Cr.MP(M)No.303 of 202519.09.2025 Present: Ms.Sharmila Patial, Addl. AG for the appellant.
Notice issued to respondent is still awaited. Registry to take up the matter with the concerned Agency for ascertaining the status thereof.
In the meanwhile, bailable warrants r in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of Arresting/Executing Officer be issued against the respondent, returnable for 03.12.2025, to ensure the service of the respondent.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS State of H.P Vs Chittum Lama .
Cr.MP(M) No.305 of 202519.09.2025 Present: Ms.Sharmila Patial, Addl. AG for the appellant.
Notice issued to respondent is still awaited. Registry to take up the matter with the concerned Agency for ascertaining the status thereof.
In the meanwhile, bailable warrants in the sum of ` 50,000/- with one surety in the like amount to the satisfaction of Arresting/Executing Officer be issued against the respondent, returnable for 03.12.2025, to ensure the service of the respondent.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS Rakesh Kumar Vs State of H.P .
Cr. Appeal No.345 of 202519.09.2025 Present: Mr. G.R.Palsra, Advocate, for the appellant.
Ms. Sharmila Patial, Addl. AG for the respondent-State.
Cr.MP(M) No. 2727 of 2025After addressing the arguments for some time learned counsel for the appellant seeks permission to withdraw this application rwith liberty to file afresh. Prayer is accepted.
Application is disposed of with liberty as prayed.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 (G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS Raj Kumar & Ors. Vs State of H.P .
Cr. Appeal No.185 of 202119.09.2025 Present: Mr. Kulwant Singh Gill, Advocate, for the appellants.
Ms.Sharmila Patial, Addl. AG for the appellant.
Cr.MP No. 4158 of 2025Reply, as prayed, be filed within four weeks.
List for consideration along with main appeal on the next date of hearing.
Cr.Appeal No. 185 of 2021List for final hearing on 19.11.2025.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS Bhupinder Vs State of H.P .
Cr. Appeal No.582 of 202319.09.2025 Present: Mr. George, Advocate, for the appellant.
Ms. Sharmila Patial, Addl. AG for the appellant.
Reply, as prayed, be filed within four weeks.
List for consideration on 12.11.2025.
(Vivek Singh Thakur)
r Judge
(Sushil Kukreja)
Judge
September 19, 2025
( G.M)
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Chatter Singh (deceased) through Lrs. Vs. UOI & Ors.
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CWP No. 560 of 201819.09.2025 Present: Mr. Ajay Kumar Dhiman, Advocate, for the petitioner.
Mr. Rajender Thakur, CGC, for respondent No.1.
Mr. Neeraj Sharma, Advocate, for respondents No. 2 to 4. Mr. Neeraj Sharma, learned counsel for respondents No. 2 to 4 submits that in view of final order passed by the competent Authority in ITA No. 51 to 53 Chd/2008 title as Chattar Singh Tomar Vs The ITO, Nahan,H.P, this petition has become infurctuous.
Learned counsel for the petitioner seeks one week's time to have complete instructions in this regard.
As requested by the learned counsel for the petitioner, list for consideration on 24.09.2025.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS Neha Gautam Vs Puneet Kumar .
FAO(FC) No.6 of 202519.09.2025 Present: Appellant Puneet Kumar with Mr. Rajiv Rai, Advocate, for the appellant.
Respondent Neha Gautam with Ms. Ambika Kotwal, Advocate for the respondent.
FAO (FC) No.6 of 2025In sequel to order passed on previous date, parties are present in person. It appears that at this stage, it would not be possible to resolve the dispute amicably. Therefore, main appeal is to be adjudicated on merit.
List for hearing in due course CMP No. 22197 of 2025 In terms of the order passed in main appeal, this application has become infructuous.
CMP No. 1940 of 2025Order dated 27.02.205 is made absolute during pendency of the application. Application stands disposed of.
CMP No. 1941 of 2025In view of the subsequent events this application has become infructuous. Accordingly, the application is disposed of.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS State of H.P Vs Krishan Dutt and Ors .
Cr. Appeal No.553 of 201219.09.2025 Present: Mr. I.N.Mehta, Senior Additional Advocate General, for the appellant/State.
Mr. Harsh Sharol, Advocate, vice Mr. Manoj Pathak, Advocate, for respondent No.1.
Mr. Ravinder Singh Chandel, Advocate, for respondents No. 2 and 3.
As prayed by learned counsel for respondent No.1, matter is adjourned for final hearing on 14.11.2025.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS State of H.P Vs Rajesh Kumar .
Cr. Appeal No. 134 of 201519.09.2025 Present: Ms. Sharmila Patial, Addl. AG for the appellant.
Mr. Narender Thakur, Advocate, for the respondent.
Heard further.
List for continuation on 07.10.2025.
(Vivek Singh Thakur)
r Judge
(Sushil Kukreja)
Judge
September 19, 2025
( G.M)
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Pawan Thakur Vs State of H.P and Ors.
CWP No.10304 of 2025.
19.09.2025 Present: Mr. Balwant Singh Katoch, Advocate for the petitioner.
Ms. Sharmila Patial, Addl. AG for respondents No. 1 and 2. Mr. Dheeraj K. Vashisth, Advocate, for respondents No. 3 and 4.
As per instructions dated 17/18th September, 2025 received from Additional Chief Secretary (Transport) to the Government of Himachal Pradesh, two months further time has been prayed for finalizing the scheme.
Learned Additional Advocate General further submits that as per instructions imparted to him the task on the part of the respondent/State to take decision has been completed and the proposal has been submitted to the Ministry of Road Transport & Highway and now further decision has to be taken by Ministry of Road Transport & Highway.
In view of the above submissions, on oral request, learned counsel appearing on behalf of Union of India, through Ministry of Road Transport & Highway, is arrayed as party respondent No.5. Registry to carry out necessary corrections in the memo of parties.
Learned counsel for the petitioner is also directed to file amended memo of parties within two weeks.
Notice to newly added respondent No.5 is waived and accepted by Mr. Narender Thakur, learned Central Government Counsel, who is present in the Court and seeks four weeks time to have complete instructions in the matter. Be obtained within aforesaid period.
List for consideration on 03.11.2025.
(Vivek Singh Thakur) Judge (Sushil Kukreja) Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS Gurmail Chand Vs State of H.P and Ors.
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CWP No. 11297 of 202519.09.2025 Present: Mr. Hamender Singh Chandel, Advocate, for the petitioner.
Ms. Sharmila Patial, Adll. Advocate General for respondents.
Mr. Abhinav Mohan Goel, Advocate for respondent No.3 Mr. Vikrant, Advocate, vice Mr. C.D. Negi, Advocate for respondent No.4.
rLearned Additional Advocate General has placed on record instructions dated 18.09.2025 received from Additional Chief Secretary(PW) to the Government of Himachal Pradesh whereby it has been informed that tentative seniority list is to be circulated for inviting objections of the stake holder and the said list would be finalized after deciding the objections received and after finalization of the seniority list details of eligible officers would be prepared on the basis of final seniority list and after obtaining vigilance clearance certificate besides the ACRs and other documents the DPC would be convened thereafter and this entire exercise would take at least two months time.
Learned counsel for the petitioner has submitted that as per the norms after circulating tentative list minimum 15 days are required for inviting the objections and, therefore, the entire exercise can be completed within one month. The aforesaid submissions are not disputed.
In view of the above, respondents are directed to circulate the tentative seniority list, if not already circulated by tomorrow I.e 20.09.2025 inviting the objections within 15 days thereafter on or before 06th October,2025 and thereafter during next week seniority list be finalized and simultaneously exercise for ::: Downloaded on - 19/09/2025 21:39:20 :::CIS completing other material material including the vigilance clearance .
certificate also be completed on or before 15 th October,2025.
Thereafter DPC be conducted so as to consider the petitioner Gurmail Chand for promotion before his retirement finalize it before the retirement (Vivek Singh Thakur) Judge (Sushil Kukreja) r Judge September 19, 2025 ( G.M) ::: Downloaded on - 19/09/2025 21:39:20 :::CIS Maya Dass Vs State of H.P and Ors.
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CWP No. 11301 of 202519.09.2025 Present: Mr. Hamender Singh Chandel, Advocate, for the petitioner.
Ms. Sharmila Patial, Adll. Advocate General for respondents.
Mr. Abhinav Mohan Goel, Advocate for respondent No.3 Mr. Vikrant, Advocate, vice Mr. C.D. Negi, Advocate for respondent No.4.
rLearned Additional Advocate General has placed on record instructions dated 18.09.2025 received from Additional Chief Secretary(PW) to the Government of Himachal Pradesh whereby it has been informed that tentative seniority list is to be circulated for inviting objections of the stake holder and the said list would be finalized after deciding the objections received and after finalization of the seniority list details of eligible officers would be prepared on the basis of final seniority list and after obtaining vigilance clearance certificate besides the ACRs and other documents the DPC would be convened thereafter and this entire exercise would take at least two months time.
Learned counsel for the petitioner has submitted that as per the norms after circulating tentative list minimum 15 days are required for inviting the objections and, therefore, the entire exercise can be completed within one month. The aforesaid submissions are not disputed.
In view of the above, respondents are directed to circulate the tentative seniority list, if not already circulated by tomorrow I.e 20.09.2025 inviting the objections within 15 days thereafter on or before 06th October,2025 and thereafter during next week seniority list be finalized and simultaneously exercise for ::: Downloaded on - 19/09/2025 21:39:20 :::CIS completing other material material including the vigilance clearance .
certificate also be completed on or before 15 th October,2025.
It is made clear that as Maya Dass has approached this Court for redressal of grievance by filing present writ petition.
Therefore, his retirement shall not come in his way for consideration for promotion from the due date or at least from the filing of the petition.
r to (Vivek Singh Thakur)
Judge
(Sushil Kukreja)
Judge
September 19, 2025
( G.M)
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