Seniority Secondary vs Baba Balak Nath Temple Trust & Others on 1 August, 2022

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Himachal Pradesh High Court

Seniority Secondary vs Baba Balak Nath Temple Trust & Others on 1 August, 2022

Bench: Ajay Mohan Goel

       IN   THE    HIGH   COURT OF HIMACHAL            PRADESH,




                                                      .
                             SHIMLA





                  ON THE 1st DAY OF AUGUST, 2022





                              BEFORE
               HON'BLE MR. JUSTICE AJAY MOHAN GOEL

            CIVIL ORIGINAL PETITION CONTEMPT No.240 of





            2022

    Between:

    RAMESH KUMAR DEHAL,

    AGED    YEARS, S/O SHRI

    DHANI RAM, RESIDENT OF
    VILLAGE MATKER, POST
    OFFICE BAHINA, TEHSIL
    BARSAR,        DISTRICT



    HAMIRPUR          (H.P.),
    LECTURER IN ECONOMICS,
    BABA     BALAK    NATH




    SENIORITY    SECONDARY
    SCHOOL,       CHAKMOH,





    DISTRICT HAMIRPUR (H.P.)
                                                    ....PETITIONER.





    (BY MR. RAMAKANT SHARMA, ADVOCATE)

    AND
    MS. DEBASWETA BANIK, IAS,
    COMMISSIONER       BABA
    BALAK    NATH    TEMPLE
    TRUST,   DEOTH,    SIDH,
    DISTRICT HAMIRPUR (HP)
    CUMDEPUTY
    COMMISSIONER, HAMIRPUR
    (H.P.)
                                              ....RESPONDENT.
    (BY MR. K.D. SOOD, SENIOR ADVOCATE, WITH MR. RAHUL




                                     ::: Downloaded on - 02/08/2022 20:02:37 :::CIS
                                        2


    GATHANIA, ADVOCATE)




                                                               .

    Whether approved for reporting?1

           This petition coming on for admission this day, the Court passed the





    following:

                  JUDGMENT

Notice. Mr. Rahul Gathania, learned counsel accepts notice on behalf of the respondent and on his instruction, Mr. K.D. Sood, learned Senior Counsel has put in appearance on behalf of the respondent.

2. By way of this petition, the petitioner complains of willful disobedience of the directions passed by the Hon'ble Division Bench of this Court in CWP No.831 of 2022, titled as Ramesh Kumar Dehal Versus Baba Balak Nath Temple Trust & others, decided on 03.03.2022, which petition stood disposed of in the following terms: "It appears that the petitioner even without approaching the respondents for redressal of his grievances, has directly approached this Court. The writ petition can be maintained for vindication of legal and fundamental rights, but for that purpose, the petitioner has to first approach the concerned authorities for grant of relief under the relevant provisions of law.

2. In this view the matter, we dispose of this writ petition by directing the petitioner to approach respondent No.2 Commissioner, Baba Balak Nath Temple Trust, by way of a comprehensive representation, who shall ::: Downloaded on - 02/08/2022 20:02:37 :::CIS 3 consider and decide the same by passing a reasoned .

order within a period of three months from the date of receipt of the representation as well as a copy of this order."

3. Mr. K.D. Sood, learned Senior Counsel, appearing for the respondent submits that these proceedings be ordered to be closed, with the direction that in case appropriate order in terms of the directions issued by the Hon'ble Division Bench has not been passed till date, then the needful will be done within some reasonable time. Ordered accordingly.

4. These contempt proceedings are ordered to be closed, with the direction that if no order has been passed in terms of the directions issued by the Hon'ble Division Bench (supra), then let the needful be done on or before 31.08.2022. Notice stands discharged.

(Ajay Mohan Goel) Judge August 01, 2022 (Rishi) ::: Downloaded on - 02/08/2022 20:02:37 :::CIS

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Himachal Pradesh High Court