Shiv Dass vs Prof. S.P. Bansal
2022 Latest Caselaw 5239 HP

    THE      HIGH     COURT       OF     HIMACHAL         PRADESH,            SHIMLA




                                                                       .
                              ON THE 4th OF JULY, 2022





                                   BEFORE
                     HON'BLE MR. JUSTICE SANDEEP SHARMA





             CIVIL ORIGINAL PETITION CONTEMPT No.194 of 2022
          Between:

          SHIV DASS
          AGED 41 YEARS,





          S/O SHRI DEVI RAM,
          VILLAGE DHATOLI,
          P.O. KHUDLA,
          TEHSIL BALDWARA,
          DISTRICT MANDI-175033


                                                                           ....PETITIONER
          (BY MR.MAAN SINGH,
          PROXY COUNSEL)


          AND


    1.    PROF. S.P. BANSAL,




          SON OF NOT KINOWN TO THE PETITIONER,
          ACTING VICE-CHANCELLOR, H.P. UNIVERSITY,
          SHIMLA-5.





    2.    SH. BALWAN CHAND,
          SON OF SH. PRITHI CHAND,





          REGISTRAR, HPU SHIMLA-5.
                                                 ....RESPONDENTS/CONTEMNORS
          (BY MS. SNEH BHIMTA,
          PROXY COUNSEL)
    Whether approved for reporting?.
    This petition coming on for orders this day, the Court passed the following:

                                          ORDER

.

By way of present contempt petition, prayer has been made on

behalf of the petitioner for initiation of contempt proceedings against the

respondents for their having willfully and intentionally disobeyed/flouted

the directions contained in order/judgment dated 5.5.2022, rendered in

CWP No. 2651 of 2022, Shiv Dass v. HP University and Ors, whereby the

petition having been filed by the petitioner was allowed with direction to the

respondents to consider the case of the petitioner in terms of judgment

dated 6.9.2021, passed by the Division Bench of this Court in CWP No.

4512 of 2021, titled Shri Arun Vatsyayan v. H.P. University and Anr., within

two weeks. Since despite there being aforesaid directions, respondent

University advertised the post in question without considering the case of

the petitioner in light of Arun Vatsyayan's case (supra), he has approached

this Court in the instant proceedings for initiation of contempt proceedings

against the respondents.

2. Pursuant to notices issued in the instant proceedings, Ms.

Sneh Bhimta, learned Proxy Counsel on behalf of Mr. Surender Verma,

Advocate, has put in appearance on behalf of the respondents. She on

instructions states that inadvertently, posts of Assistant Professor in the

discipline of Public Administration were advertised, but now by way of

issuing corrigendum, advertisement qua the posts of Assistant Professor in

the discipline of Public Administration has been withdrawn. She also states

.

that petitioner has been called for the interview qua the post in question.

Since advertisement issued in violation of judgment dated 5.5.2022, passed

by this Court, has been withdrawn and petitioner has been called for the

interview, nothing remains to be adjudicated in the instant proceedings.

3. Consequently, in view of the above, this Court sees no reason

to keep the present proceedings alive and accordingly, same are closed and

notices issued to the respondents are discharged. However, liberty is

reserved to the petitioner to file fresh contempt petition, if needful in terms

of judgment alleged to have been violated, is not done as has been

undertaken before this Court.

    4th July, 2022                                  (Sandeep Sharma),
         (manjit)                                         Judge