Citation : 2021 Latest Caselaw 1916 HP
Judgement Date : 9 March, 2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
COPC No. 53 of 2021
Decided on: March 9, 2021
.
_______________________________________________________________
Om Prakash ...........Petitioner
Versus
Sandeep Kumar and another ....Respondents
_______________________________________________________________
Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1No.
For the Petitioner : Mr. Sudhanshu Jamwal,
Advocate.
For the Respondents : Mr. Ajay Chauhan, Advocate.
_______________________________________________________________
Sandeep Sharma, Judge (oral):
By way of present petition filed under Ss. 2 and 12 the
Contempt of Courts Act, 1971, prayer has been made on behalf
of the petitioner to initiate contempt proceedings against the
respondents for willful and deliberate disobedience of judgment
dated 25.8.2020 passed by this Court in CWP No. 3132 of 2020
titled Om Prakash vs. HRTC and another, whereby petition was
disposed of with a direction to the respondents to release 50% of
the due and admissible retiral benefits together with statutory
interest, within fifteen days and after that within two months, to
release remaining due and eligible retiral benefits together with
statutory interest. Since the respondents have failed to comply
with the aforesaid judgment, petitioner has approached this
Court by way of instant petition, praying therein for initiation of
contempt proceedings against the respondents.
Whether the reporters of the local papers may be allowed to see the judgment?
2. Mr. Ajay Chauhan, learned counsel for the respondents,
fairly states that though he has every reason to believe that by
.
now judgment in question must have been complied with, but if
not, same would be complied within a period of two weeks from
today.
3. Having taken note of the fair stand adopted by learned
counsel for the respondents, this Court sees no reason to keep
the present proceedings alive and same are closed with a
direction to the respondents to do the needful, if not already
done, in terms of judgment alleged to have been violated, within
a period of two weeks from today. Needless to say, petitioner
shall be at liberty to get the contempt petition revived, in
case, respondents fail to comply with the judgment in
question, so that appropriate action is taken against the
erring official. Notice issued to the respondent is discharged.
(Sandeep Sharma) Judge
March 9, 2021 (vikrant)
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