Himachal Pradesh High Court
Bhawan Singh vs State Of H.P. And on 7 December, 2021
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 6TH DAY OF DECEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL ORIGINAL PETITION CONTEMPT (TRIBUNAL) NO. 734 OF 2020
.
Between:-
1. BHAWAN SINGH
SON OF SH. TITLU RAM,
RESIDENT OF VILLAGE- CHATRIHAL, P.O.-GAWALI,
TEHSIL-PADHAR, DISTRICT-MANDI, H.P.,
PRESENTLY WORKING AS BELDAR AT
NATIONAL HIGHWAY DIVISION (HPPWD),
JOGINDER NAGAR, DISTRICT MANDI, H.P.
2 GOPAL SINGH
SON OF SH. KATKU RAM,
VILLAGE-BARIA, P.O.-KUNNU,
TEHSIL-PADHAR, DISTRICT-MANDI, H.P.,
PRESENTLY WORKING AS BELDAR AT
NATIONAL HIGHWAY DIVISION (HPPWD),
JOGINDER NAGAR, DISTRICT MANDI, H.P.
3. HIRAMANI
W/O SH. MOHAN SINGH,
VILLAGE-KUNNU P.O.- KUNNU,
TEHSIL -PADHAR, DISTRICT-MANDI, H.P.
PRESENTLY WORKING AS BELDAR AT
NATIONAL HIGHWAY DIVISION (HPPWD),
JOGINDER NAGAR, DISTRICT MANDI, H.P.
.. PETITIONERS
(BY MR. JAI DEV THAKUR, ADVOCATE)
AND
1. ER. R.P. VERMA,
ENGINEER-IN-CHIEF (PWD) DEPARTMENT,
NIRMAN BHAWAN,
SHIMLA, H.P.
2. YASHPAL VASHISTA,
EXECUTIVE ENGINEER,
NATIONAL HIGHWAY DIVISION (HP PWD)
JOGINDER NAGAR, DISTRICT-MANDI, H.P.
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RESPONDENTS
(BY MR. SUDHIR BHATNAGAR AND
MR. DESH RAJ THAKUR,
ADDITIONAL ADVOCATES GENERAL
WITH MR. NARINDER THAKUR AND
MR. KAMAL KISHORE & GAURAV SHARMA,
DEPUTY ADVOCATES GENERAL)
.
Whether approved for reporting:
This petition coming on for orders this day, the court passed the following:
O R D E R
By way of instant contempt petition filed under Ss. 10 & 12 of the
Contempt of Courts Act, 1971 read with Art. 215 of the Constitution of
India,, prayer has been made on behalf of the petitioners for initiation of
contempt proceedings against the respondents for their having willfully
and intentionally disobeyed the directions contained in order dated
12.12.2017 passed by Himachal Pradesh Administrative Tribunal in OA
No. 6211 of 2017, titled Bhawan Singh and others vs. State of H.P. and
othrs, whereby a direction was issued to the respondents to consider and
decide the case of the petitioners in light of judgment rendered by this
court in Gian Singh vs. State of Himachal Pradesh and others, CWP
No. 7140 of 2012 decided on 24.9.2014.
2. Reply filed by the respondents clearly reveals that case of the
petitioners was duly considered and rejected by the respondents by way
of a speaking order dated 8.6.2018, (Annexure C-3). Since the only
direction issued to the respondents was to consider case of petitioners in
light of Gian Singh (supra) and the respondents have considered and
decided the case of the petitioners in light of judgment supra, action of the
respondents cannot be said to be contumacious.
3. Consequently, in view of above, this court finds no reason to
keep the present proceedings alive and the same are closed. Notices
issued to the respondents are discharged. However, liberty is reserved to
the petitioners to file appropriate proceedings, before appropriate court of
.
law, qua their surviving grievance(s), if any.
(Sandeep Sharma)
Judge
December 7, 2021
(Vikrant)
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