Citation : 2021 Latest Caselaw 5525 HP
Judgement Date : 1 December, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
ON THE 1st DAY OF DECEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL ORIGINAL PETITION CONTEMPT No. 461 of 2021
Between:
M/S NORTHERN INTERNATIONAL
EDUCATIONAL AND RESEARCH CENTRE,
VILLAGE AND POST OFFICE GHURKARI,
TEHSIL AND DISTRICT KANGRA, HIMACHAL
PRADESH THROUGH ITS AUTHORIZED
SIGNATORY AND CHAIRMAN SHRI ANSHUL
SAINI SON OF SHRI H.K. CHAAND SAINI,
RESIDENT OF VILLAGE AND POST OFFICE
GHURKARI, TEHSIL AND DISTRICT KANGRA,
HIMACHAL PRADESH.
....PETITIONER
(BY MR. SUNIL MOHAN GOEL,
ADVOCATE)
AND
1. AMITABH AWASTHI,
ADDITIONAL CHIEF SECRETARY (HEALTH)
TO THE GOVERNMENT OF HIMACHAL
PRADESH, SHIMLA
2. DR. ANITA MAHAJAN
THR DIRECTOR OF MEDICAL EDUCAITON
AND RESEARCH THROUGH ITS DIRECTOR,
SDA COMPLEX, KASUMPTI, SHIMLA
HIMACHAL PRADESH-171009.
....RESPONDENTS
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(BY MR. AJAY VAIDYA, SENIOR
.
ADDITIAONL ADVOCATE GENERAL)
Whether approved for reporting?.
This petition coming on for orders this day, the Court passed the following:
ORDER
By way of present contempt petition, prayer has been made on
behalf of the petitioner for initiation of contempt proceedings against the
respondent for having their willfully and intentionally disobeyed the
directions contained in judgment dated 9.4.2021, rendered in CWP No.
2369 of 2021, whereby the Division Bench of this Court disposed of the
petition with direction to the competent authority to consider and decide
the application dated 18.6.2018 within a period of three months. Since
despite there being aforesaid direction, no steps, whatsoever, came to be
taken at the behest of the respondents for doing the needful, petitioner has
approached this Court in the instant proceedings.
2. Mr. Ajay Vaidya, learned Senior Additional Advocate General,
submits that though he has every reason to presume that by now,
judgment alleged to have been violated must have been complied with in its
totality, but if not, same would be positively complied with within a period
of three weeks from today.
3. Consequently, in view of the fair stand adopted by the learned
.
Senior Additional Advocate General, this Court sees no reason to keep the
present petition alive and accordingly, same is closed. However,
respondents-contemnors are directed to do the needful in terms of
judgment alleged to have been violated within a period of three weeks,
failing which they would aggravate the contempt and petitioner would be at
liberty to get the present petition revived so that appropriate action in
accordance with law is taken against the erring officials.
1st December, 2021 (Sandeep Sharma),
(manjit) Judge
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