Sumeeta vs State Of Himachal Pradesh And ...
2023 Latest Caselaw 10402 HP

            IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

                                               CWP No. 4841 of 2023
                                            Decided on: July 27, 2023




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    ______________________________________________________





    Sumeeta                                         ...........Petitioner
                                     Versus
    State of Himachal Pradesh and others             ....Respondents
    ______________________________________________________





    Coram:
    Hon'ble Mr. Justice Sandeep Sharma, Judge.
    Whether approved for reporting? 1No.
    ______________________________________________________
    For the Petitioner        :    Mr. Surinder Prakash Sharma,





                                   Advocate.

    For the Respondents                    :
                                 Mr. Rajan Kahol, Mr. Vishal Panwar
                                 and Mr. B.C. Verma, Additional
                                 Advocates General with Mr. Rahul
                        r        Thakur and Mr. Ravi Chauhan,

                                 Deputy Advocates General, for
                                 respondents Nos. 1 to 4.
                                 Nemo for respondents Nos.5 and
                                 6.
    ______________________________________________________


    Sandeep Sharma, Judge (oral):

Having heard learned counsel for the parties and perused

material available on record especially, order dated 3.7.2023 passed

by Division Bench of this Court in CWP No. 4245 of 2023, titled

Sumeeta v. State of Himachal Pradesh, Annexure P-5, this court finds

force in the submission of Mr.B.C. Verma, learned Additional Advocate

General that present petition is not maintainable as such the same

deserves outright dismissal.

2. Before filing petition at hand, petitioner on same and similar

grounds had approached this court by way of petition, detailed herein

Whether the reporters of the local papers may be allowed to see the judgment?

above, which was permitted to be withdrawn reserving liberty to the

petitioner to lay challenge income certificate of respondent No.5,

.

before respondent No.3.

3. Though in terms of said order, petitioner has laid challenge to

income certificate of respondent No.5, before respondent No.3, but

since petitioner is apprehending her removal from service, she has

again approached this court in the instant proceedings.

4. Since, Division Bench of this court, after having heard parties at

length, has already relegated the petitioner to respondent No.3, there is

no occasion for this court to entertain the present petition and as such,

same is dismissed being devoid of merit. However, respondent No.3 is

directed to decide the petition filed by petitioner laying therein

challenge to income certificate of respondent No.5 expeditiously,

preferably within a period of two weeks from today. Till then, petitioner

may not be removed from the post.

5. The petition stands disposed of in the afore terms alongwith all

pending applications.

A downloaded copy of this order shall suffice for the

authority below to comply with this order.

(Sandeep Sharma) Judge July 27, 2023 (vikrant)