Compliance Affidavit Filed By ... vs Reply Filed To Aforesaid ...
2021 Latest Caselaw 110 HP

COPCT No. 1111 of 2020

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04.01.2021 Present: Mr. Subhash Sharma, Advocate, for the petitioner.

Mr. Sudhir Bhatnagar, Additional Advocate General, for the respondent-State.

Through video conferencing.

CMPT No. 1734 of 2020

Compliance affidavit filed by respondent No.2, in

terms of order dated 26.08.2020, appears to be totally contrary

to the record. In the aforesaid affidavit, deponent has taken

specific stand that since despite there being repeated requests,

no record was made available by VNM Sr.Sec. School, Raja Ka

Talab, claim of petitioner, in terms of judgment rendered by this

Court in CWP No. 1201/2010-B, titled Anil Kumar and others

vs. State of Himachal Pradesh and others, could not be

considered in the light of order dated 10.9.2018, passed by

erstwhile H.P. State Administrative Tribunal in OA No. 4871 of

2018, titled Sudershan Kumar and others vs. State of Himachal

Pradesh.

Reply filed to aforesaid compliance affidavit as

well as documents annexed therewith, if read in its entirety,

clearly reveals that record as referred in the affidavit of

respondent No.2, was very much available with the department,

rather same was made available by the school concerned.

Careful perusal of one of communication dated 30 th

September, 2020, Annexure A-2, annexed with the reply filed by

applicant/petitioner to compliance affidavit, reveals that entire record

.

with regard to initial appointment of applicant/petitioner as well as

grant-in-aid was made available to the petitioner under Right to

Information Act. Once, aforesaid record was available with the

school concerned, it is not understood how the same is not made

available to the contemners. In order dated 8.9.2020, passed in

purported compliance of order alleged to have been violated, it has

been stated that VNM Sr.Sec. School Raja-Ka-Talab could not

produce the record and has given in writing that the record was lying

in wooden almirah which has been eaten by the termite. After

passing of order dated 8.9.2020, VNM Sr.Sec. School Raja-Ka-Talab

vide order dated 30.9.2020, made available complete record to the

petitioners under Right to Information Act. Though, having taken note

of aforesaid false information given to Court by the deponent while

filing compliance affidavit in terms of order dated 16.7.2020, this

Court would have straightway proceeded against contemners, but

before passing any stringent order, this Court deems it fit to grant

one opportunity to the respondents, especially, respondent No.2 to

file a supplementary affidavit explaining his position. Respondent

No.2 may carefully go through the reply filed by applicant/petitioner

to the compliance affidavit as well as documents annexed therewith

before filing supplementary affidavit.

List on 7.1.2021.

(Sandeep Sharma) Judge 4th January, 2021 (reena)