Date Of Decision: 26.02.202 vs Shri Kamlesh Kumar Pant And ...
2021 Latest Caselaw 1365 HP

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                                                                                            .
       IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA





                                                  COPC No. 133 of 2020





                              Date of Decision: 26.02.2021
______________________________________________________________________
Kamal Kishore                                         ....Petitioner.

                           Vs.





Shri Kamlesh Kumar Pant and another                                                     .....Respondents.

Coram:
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge

Whether approved for reporting?1 No.

For the petitioner:                            Mr. Adarsh K. Vashishta, Advocate.

For the respondents:                           M/s Sumesh Raj, Dinesh Thakur &


                                               Sanjeev   Sood,   Additional  Advocate
                                               Generals, with Ms. Divya Sood, Deputy
                                               Advocate General.




Ajay Mohan Goel, Judge (Oral):

This contempt petition was filed by the petitioner

alleging willful disobedience of the judgment dated 10 th July, 2020,

passed by this Court in CWPOA No. 568 of 2019, titled as Kamal Kishore

Vs. State of H.P. and another and other connected matters.

2. When this petition was taken up for consideration

today, learned counsel appearing for the petitioner submits that after

filing of this contempt petition, the judgment though stands complied

with, but the petitioner is still aggrieved by the final action which has

1Whether the reporters of the local papers may be allowed to see the Judgment?

been so taken by the authorities while promoting the petitioners, because

.

the petitioner in fact has to be promoted from a date prior to the one on

which he actually stands promoted.

2. Learned Additional Advocate General submits that a

compliance affidavit has been filed by the respondents, in which, it

stands mentioned that the judgment passed by the Court has been

complied with and office order dated 23.09.2020 has been passed by the

State, promoting the petitioners as well as other similarly situated

persons.

3. Having heard learned counsel for the parties, as it is

not in dispute that vide office order dated 23.09.2020, the judgment

passed by this Court has been complied with by the respondents, these

contempt proceedings are ordered to be dropped by discharging the

notices issued, as the Court does not feels that there is willful

disobedience of the directions passed by the Court, but with liberty to the

petitioner, as prayed for, to agitate the factum of date of his promotion, in

accordance with law, by way of appropriate proceedings.

(Ajay Mohan Goel) Judge February 26, 2021 (bhupender)