Unknown vs Himachal Pradesh Stood Stayed ...
2021 Latest Caselaw 2177 HP

CMPT No.2170 of 2020 in COPC(T) No.515 of 2020

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17.3.2021 Present: Mr. Inder Sharma, Advocate for the non-

applicant/petitioner.

Mr. Sudhir Bhatnagar and Mr. Arvind Sharma, Additional Advocate Generals with Mr. Kunal Thakur, Deputy Advocate General, for the applicants/respondents.

By way of instant application, prayer has been

made on r behalf of the applicants/respondents for

recalling/modifying the judgment dated 21.8.2020 passed by

this Court in COPC(T) No.515 of 2020, whereby this Court

having taken note of the undertaking given by learned

Additional Advocate General that judgment alleged to have

been violated, if not already implemented, shall be positively

implemented within a period of four weeks, disposed of the

contempt petition and directed the respondents to implement

the judgment within a period of four weeks. It has been

averred in the application that since judgment dated

30.10.2017 passed by erstwhile H.P. Administrative Tribunal

in O.A.No.3892 of 2015, titled as Partap Singh versus State of

Himachal Pradesh stood stayed vide order dated 20.6.2019

passed by Division Bench of this Court, there was no occasion,

if any, for learned Additional Advocate General to give

undertaking before this Court to implement the judgment and

as such, order/judgment dated 21.8.2020 passed by this Court

in COPC(T) No.515 of 2020 directing the respondents to

implement the aforesaid judgment needs to be recalled/

.

modified.

Though, by way of reply to the aforesaid

application, non-applicant/petitioner has claimed that

judgment alleged to have been violated was not stayed, but

careful perusal of order dated 20.6.2019 passed by Division

Bench of this Court clearly reveals that aforesaid judgment

was laid challenge by way of CWP No.537 of 2019, which was

also listed before the Division Bench of this Court alongwith

other connected matters at the time of passing of order dated

20.6.2019. Learned counsel representing the non-

applicant/petitioner states that since aforesaid CWP No.537 of

2019 was ordered to be de-linked from other connected matters,

order dated 20.6.2019 cannot be said to have been passed in

aforesaid CWP No.537 of 2019, but such plea of learned counsel

for the non-applicant/petitioner appears to be totally

misplaced. Order dated 13.10.2020 passed by Division Bench of

this Court, if perused, reveals that petition bearing CWP

No.109 of 2019 was ordered to be delinked but no specific order

with regard to vacation of stay order dated 20.6.2019 passed in

CWP No.537 of 2019 alongwith other connected matters was

ever passed. Apart from above, order to de-link CWP No.537 of

2019 came to be passed on 13.10.2020, whereas order staying

the judgment alleged to have been violated was passed on

.

20.6.2019.

Consequently, in view of the above, the present

application is allowed and order dated 21.08.2020 passed by

this Court in COPC(T) No.515 of 2020 is hereby recalled.

However, liberty is reserved to the non-applicant/petitioner to

file appropriate proceedings in appropriate Court of law, if he

still remains aggrieved. Application stands disposed of.

(Sandeep Sharma), Judge March 17, 2021 (shankar)