Suresh Kumar vs . State Of H.P. And Ors.
2022 Latest Caselaw 5694 HP

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Suresh Kumar Vs. State of H.P. and ors.

Ex. Pet. No. 24 of 2022

15.07.2022Present: Mr. Abhyendra Gupta, Advocate, for the petitioner.

Mr. P.K. Bhatti and Mr. Bharat Bhushan, Additional Advocate Generals, with Mr. Kunal Thakur, Deputy Advocate General, for respondent No.1 and 2­State.

Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun

Negi, Advocate, for respondent No.3.

Dr. Priyanka Chandra, Joint Commissioner, Municipal Corporation, Solan is present in person.

In response to order dated 03.06.2022, passed by this

Court, Dr. Priyanka Chandra, Joint Commissioner, Municipal

Corporation, Solan, H.P., has appeared in person and is

represented by Mr. Sudhir Thakur, Senior Advocate.

In response to show cause notice issued to Joint

Commissioner, a reply has been submitted inter alia explaining

the reasons for passing earlier order dated 30.05.2022. It has

been submitted that the incumbent Officer had joined recently on

her present place of posting. There was no willful or malafide

intent on her part in passing the order dated 30.05.2022. It was

only on the basis of records presented before her and her

bonafide understanding of the issue involved therein.

The Officer has tendered unconditional apology.

It has further been submitted that now the mistake

has been rectified. The Municipal Corporation, Solan, H.P. has

recommended the name of petitioner as well as various other

.

similarly situated persons for consideration of State Government

by holding them entitle to the benefit of judgment passed by

this Court in CWP No. 2415 of 2012 titled as "Mathu Ram Vs.

Municipal Corporation and ors." A communication dated

05.07.2022 sent by Municipal r Corporation, Solan, H.P. to the

Director of Urban Development Government of H.P. has been

placed on record.

From the explanation rendered by Dr. Priyanka

Chandra, Joint Commissioner, Municipal Corporation, Solan,

H.P., this Court is satisfied that it was not willful intention on

the part of the Officer concerned and also was not intentional to

pass an order dated 30.05.2022. In view of this, notice is

discharged. Proceedings against Joint Commissioner, Municipal

Corporation, Solan. H.P. are dropped.

In view of the stand taken by Joint Commissioner,

Municipal Corporation, Solan, H.P., respondent No. 1 is directed

to place on record the instructions clarifying the action taken by

the State Government on the recommendations of Municipal

Corporation, Solan. H.P..

List on 30.09.2022.

( Satyen Vaidya ) Judge 15th July, 2022 (sushma)