Himachal Pradesh High Court
Compliance Affidavit Filed By vs State Of Himachal Pradesh And Others on 4 January, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
COPCT No. 1111 of 2020 .
04.01.2021 Present: Mr. Subhash Sharma, Advocate, for the petitioner.
Mr. Sudhir Bhatnagar, Additional Advocate General, for the respondent-State.
Through video conferencing.
CMPT No. 1734 of 2020 Compliance affidavit filed by respondent No.2, in terms of order dated 26.08.2020, appears to be totally contrary to the record. In the aforesaid affidavit, deponent has taken specific stand that since despite there being repeated requests, no record was made available by VNM Sr.Sec. School, Raja Ka Talab, claim of petitioner, in terms of judgment rendered by this Court in CWP No. 1201/2010-B, titled Anil Kumar and others vs. State of Himachal Pradesh and others, could not be considered in the light of order dated 10.9.2018, passed by erstwhile H.P. State Administrative Tribunal in OA No. 4871 of 2018, titled Sudershan Kumar and others vs. State of Himachal Pradesh.
Reply filed to aforesaid compliance affidavit as well as documents annexed therewith, if read in its entirety, clearly reveals that record as referred in the affidavit of respondent No.2, was very much available with the department, rather same was made available by the school concerned.
Careful perusal of one of communication dated 30 th September, 2020, Annexure A-2, annexed with the reply filed by ::: Downloaded on - 05/01/2021 20:15:40 :::HCHP applicant/petitioner to compliance affidavit, reveals that entire record .
with regard to initial appointment of applicant/petitioner as well as grant-in-aid was made available to the petitioner under Right to Information Act. Once, aforesaid record was available with the school concerned, it is not understood how the same is not made available to the contemners. In order dated 8.9.2020, passed in purported compliance of order alleged to have been violated, it has been stated that VNM Sr.Sec. School Raja-Ka-Talab could not produce the record and has given in writing that the record was lying in wooden almirah which has been eaten by the termite. After passing of order dated 8.9.2020, VNM Sr.Sec. School Raja-Ka-Talab vide order dated 30.9.2020, made available complete record to the petitioners under Right to Information Act. Though, having taken note of aforesaid false information given to Court by the deponent while filing compliance affidavit in terms of order dated 16.7.2020, this Court would have straightway proceeded against contemners, but before passing any stringent order, this Court deems it fit to grant one opportunity to the respondents, especially, respondent No.2 to file a supplementary affidavit explaining his position. Respondent No.2 may carefully go through the reply filed by applicant/petitioner to the compliance affidavit as well as documents annexed therewith before filing supplementary affidavit.
List on 7.1.2021.
(Sandeep Sharma) Judge 4th January, 2021 (reena) ::: Downloaded on - 05/01/2021 20:15:40 :::HCHP