Himachal Pradesh High Court
Aman Yadav vs . State Of Hp & Ors. on 6 July, 2023
Bench: Tarlok Singh Chauhan, Satyen Vaidya
Aman Yadav Vs. State of HP & ors.
CWP No. 2231 of 2023 .
6.7.2023 Present:- Mr. Sunil Kumar,Advocate, for the petitioner.
Mr. Anup Rattan, Advocate General, with Mr. Ramakant Sharma,Ms. Sharmila Patial, Additional Advocates General and Ms. Priyanka Chauhan, Deputy Advocate General, for respondents-State.
Mr. Janesh Gupta & Mr. Niranjan Sahu, Advocates, for respondent No.5.
Dr. Parag Harshad Gavali, Collector & District Magistrate, Sundergarh, Odisha is present in person.
On 14.6.2023, this Court passed the following order :-
"The petitioner had applied for parole to meet the family members vide application dated 13.10.2021 and his request was duly processed by the Superintendent Jail, Model Central Jail, Kanda (Shimla). The same was thereafter forwarded to the concerned District Authorities i.e. District Magistrate/Superintendent of Police, District Sundergarh (Odisha) for their recommendations/ verification report, as required under the provisions of H.P. Good Conduct Prisoners (Temporary Release) Act, 1968. However, both the authorities have failed to respond despite reminders sent to them. The District Magistrate, Sundergarh has been impleaded as party respondent No.5 in this petition and stands duly served but neither has imparted any instruction nor appeared before this Court. In the given facts and circumstances, we are left with no other option but to call for the personal appearance of respondent No.5 before this Court on the next date of hearing. Let a copy of this order be sent to the District Magistrate, Sundargarh (Udisha) and he be also informed telephonically to this effect by the Registrar General of this Court. It is further made clear that the District Magistrate, Sundargarh (Odisha) shall appear before this Court at his own expenses and the same shall not be reimbursed to him by the State of Odisha. A copy of this order be also sent to the Chief Secretary to the State of Odisha by FAX, email etc. List on 21.6.2023."
In compliance to the orders, Dr. Parag Harshad Gavali, Collector-cum-District Magistrate, Sundergarh, Odisha is present in person and has tendered his unconditional apology and also filed his personal affidavit and reply to the petition. Since, respondent No.5 has tendered his unconditional apology, at the ::: Downloaded on - 06/07/2023 20:39:41 :::CIS
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outset, therefore, the same is accepted. However, respondent No.5 is directed to be careful in future and to ensure that such kind of unsavory incident do not take place, whereby the Court is compelled to call for his personal presence. The personal presence of respondent No.5 is dispensed with.
Taking into consideration the cumulative facts and circumstances of the case, we deem it appropriate to modify the order dated 14.6.2023 and direct the State of Odisha to reimburse the expenses, as incurred by the aforesaid Collector-
cum-District Magistrate, towards his to and fro visit to Shimla, Himachal Pradesh. Ordered accordingly.
Learned counsel for the petitioner prays for and is granted two weeks time to obtain further instructions.
List on 27.7.2023.
( Tarlok Singh Chauhan) Judge [[ (Satyen Vaidya) Judge 6th July, 2023 (Guleria) ::: Downloaded on - 06/07/2023 20:39:41 :::CIS