Smt. Bhadru Devi vs . Anil Kumar Khachi C
2022 Latest Caselaw 9323 HP

Smt. Bhadru Devi Vs. Anil Kumar Khachi c

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COPC No. 342 of 2020

15.11.2022 Present: Mr. Surender Sharma, Advocate, for the petitioner.

Ms. Seema Sharma, Deputy Advocate General for the respondents.

Mr. Ajay Gupta, Engineer-In-Chief, HPPWD is present in

person with submissions that respondent No.4. Bhuvan Sharma, stands

retired and now he is Engineer-In Chief since April 2022 and therefore, in

compliance of order passed on previous date, he is present in person. He

further submits that pension in favour of petitioner, with effect from August

2022, has been released on account of instructions issued by Finance

Department. However, after passing of order by this Court he through

Administrative Secretary has taken up the matter with the Finance

Department seeking permission to release pension in favour of petitioner

w.e.f. 22.04.2003 i.e. from the date of death of husband of the petitioner.

He has further submitted that Law Department has already opined in

favour of the petitioner and sanction from the Finance Department is likely

to be accorded within three weeks.

Order passed by the Court is not subject to

approval/sanction of the Finance Department. The Finance Department

or any other Department/Officer has no business to sit over the

judgment/direction passed by the Court, unless the same is stayed or set-

aside by the competent Court. Be that as it may, for completion of record

as submitted by the Officer present in Court, matter is adjourned enabling

the Department/State to implement the order or directions of the Court in

its letter and spirit with direction to the Engineer-In-Chief to file an affidavit

clearly stating therein regarding any hindrance, if any, caused by any

person/department in implementing the Court order so that such person

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may be impleaded as respondent-contemnor for punishing for contempt of

Court, causing violation/ defiance of order of the Court for his omission or

commission.

It is informed that now Mr. Bharat Khera, Principal Secretary

is holding the charge of PWD Department to the Government of H.P. and

respondent No.1 Mr. Anil Kumar Khachi stood retired. Therefore, Mr.

Bharat Khera, Principal Secretary PWD to the Government of Himachal

Pradesh is arrayed as respondent No.5. Mr. Ajay Gupta, Engineer-In-

Chief, is arrayed as respondent No.6 in the present petition. Registry to

carry out necessary correction in the record. Amended memo of parties

also be filed by the petitioner by next date of hearing.

Learned Deputy Advocate General is also directed to

communicate this order to the Secretary Finance also so as to enable him

to take appropriate decision as expeditiously as required failing which

adverse order shall follow.

Necessary compliance be ensured on or before 15th

December, 2022 and affidavits in this regard be filed well in time before

the next date of hearing. On failure in filing the affidavits, respondent

No.5 and 6 shall remain present to show cause that why they should not

be punished for contempt.

List for consideration on 20th December, 2022.

(Vivek Singh Thakur) Judge November 15, 2022 (subhash)