Dibya And Others vs State Of Himachal Pradesh And ...
2021 Latest Caselaw 1318 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                           CWP No.1084 of 2021
                              Decided on: 25th February, 2021
    ____________________________________________________________




                                                                         .
    Dibya and others                               .....Petitioners





                                              Versus





    State of Himachal Pradesh and others         .....Respondents
    _____________________________________________________________
    Coram
    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge





    The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge
    1 Whether approved for reporting?
    ______________________________________________________
    For the petitioners:                      Mr. Raj Kumar Negi, Advocate.

    For the respondents:                      Mr.   Ashok    Sharma,  Advocate

                                              General with Mr. Vinod Thakur,
                                              Mr. Vikas Rathore & Mr. Shiv Pal
                                              Manhans,    Additional Advocates
                                              General and Mr. Bhupinder Thakur


                                              & Mr. Yudhvir Singh Thakur,
                                              Deputy Advocates General, for
                                              respondent No.1-State.




                                              Mr. Anshul Bansal, Advocate, for
                                              respondent No.2.





    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of

following reliefs:-

"i) That the Respondents No.2 to 5 may kindly be directed to return the original educational certificates and other documents retained by them to the petitioners forthwith.

ii) That the Respondent No.2 to 5 may kindly be directed to pay an amount of Rs.5 Lakhs as damages to each of the petitioners for

Whether reporters of Local Papers may be allowed to see the judgment?

illegally retaining their original educational certificates and other documents.

iii) That the Respondent No.2 to 5 may kindly be directed to pay the litigation cost for compelling the petitioners to approach this Hon'ble Court."

.

2. Similar issue has already been considered and

decided by this Court in CWP No.1679 of 2020, whereby it

not only allowed the petition, but also imposed costs of

Rs.50,000/- and also directed the respondents to pay a sum

of Rs.50,000/- to each of the petitioner towards litigation

expenses.

3. to For the reasons stated, which shall be read as

mutatis mutandis in the present case, the present petition is

allowed and the CBI (Central Bureau of Investigation) is

directed to return the original documents to the students

after retaining photocopies thereof, subject to the condition

that the petitioners and other students shall produce the

original documents before the competent Authority as well as

CBI as and when required. Furthermore, respondents No.3 to

5 are directed to pay a sum of Rs.50,000/- to each of the

petitioner towards litigation expenses.

4. As regards award of compensation, the same has

to be awarded on the basis of evidence. Therefore, we leave it

open to the petitioners to bring the same before an

appropriate Authority/Court etc. in accordance with law.

The present petition stands disposed in the above

.

terms, so also the pending miscellaneous application(s), if

any.

                                     (Tarlok Singh Chauhan)
                                             Judge



    February 25, 2021
           (Mukesh)
                  r         to          (Jyotsna Rewal Dua)
                                              Judge