Himachal Pradesh High Court
Jagdish Kumar vs State Of Hp And Others on 13 October, 2023
Bench: Vivek Singh Thakur, Bipin Chander Negi
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Letters Patent Appeal No. 166 of 2023
.
Date of Decision: October 13, 2023
Jagdish Kumar ...Appellant
Versus
State of HP and others .....Respondents.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
The Hon'ble Mr.Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Appellant: Mr. Hirdaya Ram and Mr. Hemant Kumar
r Thakur, Advocates.
For the Respondents: Mr. Anup Rattan, Advocate General with Mr.
Ramakant Sharma, Additional Advocate
General for respondents No.1 to 5.
None for respondent No.6.
Vivek Singh Thakur, J (oral)
Notice. Mr. Ramakant Sharma, learned Additional Advocate
General, appears and waives service of notice on behalf of respondents
No.1 to 5.
2 The appellant has approached this Court by filing this appeal
against judgment dated 14th July, 2023 passed in CWP No. 3568 of 2020
titled Jagdish Kumar vs. State of HP whereby writ petition, preferred by
appellant, assailing the appointment of respondent No.6, has been
dismissed.
3 Respondent No.6 was appointed in the year 2011 and writ
petition was preferred by petitioner in the year 2020 on the ground that
respondent No.6 was appointed on the basis of fake disability certificate. It
is claim of the appellant/petitioner that he had acquired the knowledge in
the year 2019 that respondent No.6 was not in possession of valid
Whether reporters of the local papers may be allowed to see the judgment?
disability certificate. As there was no material on record to question the
validity or doubt the validity of disability certificate of respondent No.6,
learned Single Judge has dismissed the petition.
4 Now the petitioner has filed a complaint with respect to the
.
disability certificate of respondent No.6 and Chief Medical Officer, District
Hospital, Nahan District Sirmaur has communicated the said complaint to
the Medical Superintendent, Dr.YSPGMC & Hospital, District Sirmaur at
Nahan for impartial inquiry.
5 Along with this appeal, appellant/petitioner has filed an
application under Order 41 Rule 27 CPC for placing on record the aforesaid
communication indicating that some inquiry has been initiated against
respondent No.6 in order to justifying the filing of present appeal against
the order passed by learned Single Judge.
6 As per material available in the writ file and also as on date,
respondent No.6 is in possession of a disability certificate, validity whereof
cannot be doubted unless the same is cancelled or found to be fake by
competent Board/Authority.
7 In aforesaid facts and circumstances, learned counsel for
appellant/writ petitioner seeks permission to withdraw this appeal with
liberty to file appropriate proceedings.
8 As on date, there is no cause of action or valid reason for
maintaining the appeal and in case any valid cause of action or
reason/ground is available in future in favour of petitioner for filing any
proceedings in the matter, no liberty of Court will be required for that.
9 With aforesaid observations, appeal is dismissed as
withdrawn.
10 Taking into consideration the social and economic status of
appellant, we have not imposed any cost on appellant as he may have
acted on the advise of legal expert/Advocate for filing present appeal.
All pending miscellaneous application(s), if any, also stand
disposed of accordingly.
(Vivek Singh Thakur),
Judge.
.
October 13, 2023 (Bipin Chander Negi)
(ms) Judge
r to
