Amni vs State
2022 Latest Caselaw 3300 HP

      IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                      ON THE 11th DAY OF MAY, 2022




                                                             .
                                 BEFORE





                HON'BLE MR. JUSTICE AJAY MOHAN GOEL

          CIVIL ORIGINAL PETITON CONTEMPT No. 744 of 2015





    Between:-

    UMESH SINGH JASWAL, S/O SH.





    BHAGWAN SINGH, VILLAGE AND PO
    BHADWAR, TEHSIL NURPUR, DISTT.
    KANGRA,       H.P.     (PRESENTLY
    WORKING AS TGT (NON-MEDICAL) AT
    GMS MAO UNDER COMPLEX GSSS

    AMNI, DISTT. KANGRA, H.P.)

                                                    ..........PETITIONER

    (BY MR. ANKUSH DASS SOOD, SENIOR
    ADVOCATE WITH MR. RAKESH KUMAR


    SHARMA, ADVOCATE)

    AND




      1. P.C.  DHIMAN   (SECRETARY
         EDUCATION) TO THE GOVT. OF





         HIMACHAL PRADESH SHIMLA-2.
      2. R.K. PRUTHI, DIRECTOR OF
         ELEMENTARY      EDUCATION





         SHIMLA-1, H.P.

                                                    ........RESPONDENTS

    (BY MR. ASHOK SHARMA, ADVOCATE
    GENERAL WITH M/S SUMESH RAJ, DINESH
    THAKUR AND SANJEEV SOOD, ADDL. AGS
    WITH MR. AMIT KUMAR DHUMAL, DY. AG AND
    MR. MANOJ BAGGA, ASSISTANT AG)
    ___________________________________________________________

                Whether approved for reporting:     No




                                            ::: Downloaded on - 12/05/2022 20:05:19 :::CIS
                                      2



               This petition coming on for orders this day, the Court

    passed the following:-




                                                             .
                             ORDER

The petitioner herein alleges willful disobedience of the

order, which stood passed by Hon'ble Division Bench of this Court

in CWP No. 9737 of 2014, titled as Umesh Singh Jaswal vs. State

of H.P. and others, dated 05.01.2015, which petition stood

disposed of by this Court in the following terms:-

"2. Mr. Ankush Dass Sood, learned Counsel for the

petitioners stated at the Bar that the cases of the

petitioners are squarely covered by the judgment dated 30th October, 2014, delivered by this Court in CWP No. 811 of 2011, titled Ashwani Kumar vs.

Himachal Pradesh State Electricity Board & Others, and connected matter. His statement is taken on

record.

3. In the given circumstances, we deem it proper to

disposed of these writ petition by directing the respondents to examine the cases of the petitioner in

light of the judgment referred to above, and make decision within six weeks from today. Ordered accordingly. The judgment referred to supra shall form part of this judgment. Pending applications, if any, also stand disposed of."

2. Having heard learned Counsel for the parties and

having perused order dated 7th August, 2015, which stands

appended with the reply as Annexure R-1, this Court is of the

considered view that as after the directions which were issued by

.

the Court, the authority concerned has passed the order, i.e. order

dated 7th August, 2015, therefore, in case the petitioner is

aggrieved by the same, then, the course available to the petitioner

is to assail the same by way of appropriate proceedings.

3. Faced with this situation, learned Senior Counsel

appearing for the petitioner submits that then these proceedings

be ordered to be closed but with liberty reserved to the petitioner

to assail the order which stood subsequently passed by the

authority.

4. Accordingly, these contempt proceedings are ordered to

be closed, with liberty reserved to the petitioner to assail order

dated 7th August, 2015 (Annexure R-1), which stood passed by the

competent authority pursuant to the directions issued by this

Court. It is clarified that this Court has not made any observation

on the respective contentions of the parties in these proceedings.

Notice discharged.

(Ajay Mohan Goel) Judge May 11, 2022 (narender)