Chajta And Others vs Unknown
2021 Latest Caselaw 522 HP

Citation : 2021 Latest Caselaw 522 HP
Judgement Date : 8 January, 2021

Himachal Pradesh High Court

Chajta And Others vs Unknown on 8 January, 2021

Bench: Tarlok Singh Chauhan, Jyotsna Rewal Dua

CWP No.343 of 2021 08.01.2021 Present: Mr. Sunil Mohan Goel, Advocate, for the

petitioners.

Mr. Ashok Sharma, Advocate General with Mr. Vinod Thakur, Mr. Vikas Rathore & Mr. Shiv

Pal Manhans, Additional Advocates General and Ms. Seema Sharma, Mr. Bhupinder Thakur & Mr. Yudhvir Singh Thakur, Deputy Advocates General, for respondents No.1 and 2-State.

Mr. Vikrant Thakur, Advocate, for respondent No.3.

(Through Video Conferencing)

CMP No.495 of 2021

Allowed and disposed of.

CWP No.343 of 2021

Notice. Mr. Shiv Pal Manhans, learned Additional

Advocate General and Mr. Vikrant Thakur, learned Standing

Counsel, appear and waive service of notice on behalf of

respondents No.1 & 2 and respondent No.3, respectively.

Issue notice to respondent No.4, returnable for 26.03.2021,

on taking steps within a week.

Reply on behalf of the appearing respondents be

filed by the next date of hearing.

List on 26th March, 2021.

CMP No.496 of 2021

Notice in the aforesaid terms.

Order dated 10.11.2020 (Annexure P-12) is,

prima facie, contrary to the norms of seniority as provided

under Section 18 of the Himachal Pradesh Police Rules, 1973

and also contrary to the ratio of judgments rendered by this

Court in CWP-T No.1584 of 2008, titled Ramesh Chandera

Chajta and others Versus State of Himachal Pradesh

and others, decided on 29.07.2010, which in turn has been

affirmed by the learned Division Bench of this Court in LPA

No.163 of 2010, titled Rajesh Kumar Dharmani & others

Vrs. Ramesh Chandera Chajta & ors., decided on May 27,

2011 and horde of judgments referred to in these judgments.

Therefore, the impugned order dated 10.11.2020

(Annexure P-12) is ordered to be stayed till further orders.

Copy dasti.



                                       (Tarlok Singh Chauhan)
                                               Judge






                                         (Jyotsna Rewal Dua)
      January 08, 2021                         Judge
           (Mukesh)