Himachal Pradesh High Court
Hpsebl And Others vs . Vardhman Ispat Udyog And Others on 12 September, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
HPSEBL and others vs. Vardhman Ispat Udyog and others .
CWP No.3439 of 2022 12.09.2023 Present Ms. Sunita Sharma, Senior Advocate with Ms. Lalita Sharma, Advocate, for the petitioner.
Mr. Shrawan Dogra, Senior Advocate with Mr. Manik Sethi, Advocate, for respondent No.1.
of Learned Senior counsel representing the petitioner, on instructions, states that perusal of order dated 4.08.2022 rt clearly reveals that order dated 9.3.2023 passed by Himachal Pradesh Electricity, Ombudsman stands stayed and as such, there is no occasion, if any, for the respondent to implement the direction contained in the same. However, this Court finds no merit in the aforesaid submission of learned counsel for the petitioner for the reason that bare perusal of order dated 4.8.2022, clearly suggests that Court had directed respondent to not to take any coercive action against the petitioner in terms of Cluase-5 of last page of order passed by Himachal Pradesh Electricity, Ombudsman dated 9th March, 2022, meaning thereby, there was only stay qua direction contained in Clause-5 of aforesaid order and all the other remaining directions contained in the aforesaid order were necessarily required to be implemented by the department concerned.
Aforesaid aspect of the matter was clarified by this Court while passing order dated 6.09.2023, but yet remaining directions contained in the aforesaid order dated 9.3.2022 has not been complied with. This Court finds that in past also, orders passed by Himachal Pradesh Electricity, Ombudsman were misconstrued and as such, parties aggrieved were compelled ::: Downloaded on - 13/09/2023 20:34:50 :::CIS to approach this Court in CWP No.3705 of 2020 and Division .
Bench of this Court vide order dated 2.12.2022 passed the following orders:-
"Respondents are directed to comply with order dated 2nd May, 2022 within 24 hours. We really fail to understand as to why the petitioners are not complying with the order passed of by the Regulatory Commission, except to the extent that the same has been stayed by this Court. We hope and trust that petitioners shall comply the rt aforesaid order henceforth, or else the Court shall be constrained to take coercive action against the petitioners."
After passing of aforesaid order, direction contained in order dated 2nd May 2022 passed by Himachal Pradesh Electricity, Ombudsman in the aforesaid case were duly complied with within 24 hours as was directed by the Court.
Faced with aforesaid situation, learned Senior Counseling representing the petitioner undertakes before this Court that remaining directions contained in order dated 9.3.2022 passed by Himachal Pradesh Electricity, Ombudsman shall be positively complied with within a period of one week, failing which, erring officials besides rendering themselves liable for penal consequences would also invite contempt proceedings.
List on 3.10.2023.
(Sandeep Sharma) Judge September 12, 2023 (Shankar) ::: Downloaded on - 13/09/2023 20:34:50 :::CIS