Himachal Pradesh High Court
Sh. Kailash Chand vs Sh. R.D.Dhiman & Another on 2 August, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No. 245 of 2021
Date of Decision: 02.08.2021
_______________________________________________________________
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Sh. Kailash Chand .........Petitioner
Versus
Sh. R.D.Dhiman & another ......Respondents
Coram
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting1?
For the petitioner : Mr. A.K.Gupta, Advocate,
For the respondents : Mr.Sudhir Bhatnagar and Mr. Desh Raj Thakur,
Additional Advocate Generals with Mr.Narinder
r Thakur, Deputy Advocate General.
Sandeep Sharma, J. (Oral)
By way of Contempt Petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having intentionally and willfully disobeyed the directions passed in judgment 25.08.2020, by this Court in CWP No. 4329 of 2019, titeld as Sh. Kailash Chand vs. State of H.P. and others.
2. Since despite their being positive directions to implement judgment order passed by learned erstwhile H.P. State Administrative Tribunal in OA No. 5581 of 2015, decided on 18.09.2017, respondents failed to do the needful in terms of aforesaid judgment passed in CWP No. 4329 of 2019, application/petitioner approached this Court by way of present petition.
Whether reporters of the Local papers are allowed to see the judgment?
::: Downloaded on - 31/01/2022 22:47:54 :::CIS -2-3. Learned Deputy Advocate General while placing on record instructions dated 4th May, 2021, issued under the signature of Chief Conservator of Forests, Dharamshala, Circle, H.P., contends that since respondents have laid challenge to .
order/judgment dated 18.09.2017, passed by learned erstwhile H.P. State Administrative Tribunal in OA No. 5581 of 2015 by way of CWP No.3371 of 2020, judgment alleged to have been violated cannot be implemented. However, taking note of the fact that no stay has been granted against the aforesaid order dated 18.09.2017, passed by learned erstwhile H.P. State Administrative Tribunal in OA No. 5581 of 2015 in the CWP No. 3371 of 2020, having been filed by the respondents, this Court is of a view that respondents have no option but to implement the directions contained in order dated 18.09.2017, passed by learned erstwhile H.P. State Administrative Tribunal.
4. Consequently, in view of above, respondents are directed to implement judgment/order dated 18.09.2017, passed by learned erstwhile H.P. State Administrative Tribunal in OA No. 5581 of 2015, within two weeks subject to outcome of writ petition No. 3371 of 2020, failing which, petitioner is at liberty to get the present proceedings revived, so that appropriate action, in accordance with law is taken against the erring officials.
(Sandeep Sharma),
2nd August, 2021 Judge.
(ravinder)
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