Himachal Pradesh High Court
Joginder Chauhan vs . State Of H.P. & Ors. on 31 May, 2022
Bench: Tarlok Singh Chauhan, Chander Bhusan Barowalia
Joginder Chauhan vs. State of H.P. & Ors.
Ex. Petition No. 457 of 2021 31.05.2022 Present: Mr. Nitin Thakur, Advocate, for the .
petitioner.
Mr. Ashok Sharma, Advocate General with Mr. Rajinder Dogra, Senior Additional Advocate General, Mr. Vinod Thakur, Mr. Shiv Pal Manhans Additional Advocates General, Mr. Yudhvir Singh Thakur, Deputy Advocate General and Mr. Rajat Chauhan, Law Officer for respondents-State.
Mr. Virender Sharma, Advocate, vice Ms. Reeta Thakur, Advocate, for respondent No.3.
The instant petition was disposed of vide order dated 2nd December, 2021 with a direction to the respondents to comply with the judgment that was passed by this Court in CWP No. 2471 of 2021, titled Joginder Chauhan vs. State of H.P. & Ors,.
decided on 18.08.2021 within a period of four weeks.
Thereafter, when the case came up for compliance on 30.12.2021, this Court was informed that the respondents have approached the Hon'ble Supreme Court by filing SLP which is yet to be listed.
Subsequently, on 18.04.2022 the State was granted a week's time to ascertain the status of the SLP and on 26.4.2022, it was represented by the State that even though the SLP has been filed, however, the same was under objection(s). Learned Additional Advocate General had further stated before this Court that he had personally ::: Downloaded on - 01/06/2022 20:06:13 :::CIS .
talked to the counsel who had filed the SLP and was informed that in all likelihood objections would be removed within two weeks.
When the matter again came up before this Court on 10.05.2022, it was stated that the SLP after removal of objection(s) alongwith application for condonation of delay has been re-filed on 06.05.2022.
Today, the learned Additional Advocate General has placed on record instructions dated 06.05.2022, the relevant portion whereof reads as under:-
"In pursuance to above objection/defects raised by the Registry, the standing counsel of the State Government who is pleading the pending SLP(Civil) before the Hon'ble Supreme Court, has initiated steps to remove the objections/defects earlier on 05.01.2022 but some defects remained un-attended which stands attended/removed on 5.5.2022 by re-filling the SLP under objection alongwith Application for Condonation of Delay before Hon'ble Supreme Court which is still under process in the Registry of the Hon'ble Supreme Court as perused from ibid application dated 5.5.2022 and copy of the same annexed herewith at R-1/1."::: Downloaded on - 01/06/2022 20:06:13 :::CIS
The aforesaid narration of facts goes to show .
that the respondents do not appear to be serious or diligent in pursuing the SLP or else till now the objection(s) would have been removed.
However, as a matter of sheer indulgence and by way of last opportunity, the respondents are granted two weeks' further time to pursue the matter before the Hon'ble Supreme Court, or else the respondents shall proceed to implement the judgment subject to the final outcome of the SLP .
List on 21st June, 2022.
(Tarlok Singh Chauhan) Judge (Chander Bhusan Barowalia) Judge 31st May, 2022 (himani/raman) ::: Downloaded on - 01/06/2022 20:06:13 :::CIS