Himachal Pradesh High Court
Vipin Sharma & Ors. vs . Davesh Kumar & Anr. on 13 December, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
1 Vipin Sharma & Ors. Vs. Davesh Kumar & Anr. COPC No.420/2024 13.12.2024 Present: Mr. P.D. Nanda, Advocate, for the petitioners.
Mr. Dalip K. Sharma, Additional Advocate General with Mr. Sikander Bhushan and Ms. Leena Guleria, Deputy Advocates General, for the respondents. CWP No. 4042/2024 filed by the petitioner was disposed of on 15.05.2024 with following operative directions:-
"2. Accordingly, the petition is disposed of without making any comments on the merits of the case of the petitioners. It is directed that respondents shall consider the case of the petitioners in light of judgment passed by Division Bench of this Court in Sushant Singh Negi's case (supra) within four weeks from today and will decide the same by passing a speaking order. In case, the petitioners are found similarly situated as petitioners in Sushant Singh Negi's case (supra), they shall also be granted the same benefits as granted to petitioners in above referred case."
In the aforesaid directions, respondents were not only directed to consider the case of the petitioners within four weeks in light of the judgment passed by the Division Bench in CWP No.6183/2022 (Sushant Singh Negi & Ors. Vs Himachal Pradesh State Industrial Development Corporation Ltd.) decided on 07.12.2022, but were also directed to grant the same benefits to the petitioners as given to the petitioners in Sushant Singh Negi's case, in case they were found to be similarly situated. Respondents did not implement the 2 decision, hence, the petitioners instituted this contempt petition.
2. Notice of this contempt petition was waived for the respondents on 22.07.2024, when consideration order passed by the respondents on 22.07.2024 was placed on record. As per this consideration order:- Sushant Singh Negi's case (supra) had been implemented by the respondents subject to final outcome of the SLP No. 21296/2023 (HPSIDC Vs. Sushant Singh Negi & Ors.) and LPA No.141/2023 filed in CWPOA No.2705/2019 (Vinay Kumar Vs. HPSIDC); Since SLP and LPA are pending for adjudication, therefore, the decisions rendered therein cannot be said to have attained finality and the benefits of the aforesaid decisions cannot be granted to the petitioners.
3. Following order was passed in the matter on 12.09.2024:-
"Learned counsel for the petitioners submits that the respondents have already implemented the judgment dated 07.12.2022 rendered in CWP NO. 6183/2022 (Sushant Singh Negi & Ors. Vs. Himachal Pradesh State Industrial Development Corporation Ltd.) subject to the final outcome of the SLP preferred by the respondents against the aforesaid decision, however, the petitioner has been discriminated. Learned Deputy Advocate General seeks a week's time to obtain instructions in that regard.
As prayed for, list on 03.10.2024."
(Emphasis supplied) 3 The matter had been repeatedly adjourned thereafter at the request of the respondents to enable them to comply with the judgment in question.
Lastly when the matter was listed on 02.12.2024, learned Advocate General submitted that though SLP and LPA were pending as given out in the consideration order but there is no interim order staying the judgment sought to be executed. Therefore, there is no bar upon the respondents to grant the benefits to the petitioners under the decision in question and respondents are re-considering the case of the petitioners. Accordingly, following order was passed on 02.12.2024:-
"Learned Advocate General submits that since the pendency of SLP and LPA, without there being any interim order against the judgment sought to be executed, is not a bar upon grant of benefits to the petitioners in light of judgment sought to be executed, the respondents are reconsidering the case of the petitioners. At his request, list on 13.12.2024."
4. When the matter was taken up today, learned Deputy Advocate General submitted that the respondents had already been passed the consideration order on 22.07.2024.
Prima-facie, it appears that the respondents are trying to mislead the Court. Repeated adjournments have been taken for implementing the decision in letter and spirit. No order has been placed on record by the respondents either in the LPA or in the SLP said to have been filed by them 4 against the judgment sought to be executed, yet the benefits as made available to Sushant Singh Negi's case (supra) have not been granted to the petitioners despite there being clear directions in the judgment dated 15.05.2024 rendered in CWP No. 4042/2024. Respondents prima facie appear to be in contempt of the directions issued in the decision dated 15.05.2024 in CWP No. 4042/2024. Therefore, let respondents No.1 & 2 to show cause as to why the contempt proceedings be not initiated against them for violation of the judgment passed by the Court.
Response to the show cause notice be filed within one week.
List on 21.12.2024, when respondents shall remain present in the Court.
Jyotsna Rewal Dua Judge 13th December, 2024 (rohit)