Himachal Pradesh High Court
Shiv Charan vs Rakesh Kanwar & Ors on 6 November, 2024
Author: Jyotsna Rewal Dua
Bench: Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
COPC No.110 of 2024
Date of decision: 06.11.2024
Shiv Charan. ...Petitioner.
Versus
Rakesh Kanwar & Ors. ...Respondents.
Coram:
Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the petitioner : Mr. Kunal Verma, Advocate.
For the respondents : Ms. Leena Guleria, Deputy
Advocate General.
Jyotsna Rewal Dua, Judge
Following order was passed in the matter on
04.12.2024:-
"Following order was passed in the matter on
27.09.2024:-
"Learned Deputy Advocate General submits that the
respondents have moved and processed the case of the
petitioner for implementing the judgment passed in his
favour only yesterday, i.e. 26.09.2024.
It is unfortunate that more than a year has passed
since the pronouncement of the judgment, but the
respondents have not even initiated the process for
implementing the decision. This is despite the fact that
notice in this contempt petition was served upon them on
06.05.2024.
Before any further order is passed in the matter, at
the request of the learned Deputy Advocate General, the
matter is adjourned to 18.10.2024 to enable the
respondents to comply with the judgment by the aforesaid
date, failing which appropriate orders shall be passed in
the matter.
Whether reporters of Local Papers may be allowed to see the judgment? Yes
List on 18.10.2024."
2. During the course of hearing today, learned Deputy
(Education) to the Government of Himachal Pradesh.
According to these instructions, it appears that for
complying with the judgment dated 12.09.2023, the
respondents sent the matter to the Home-Vigilance
Department for obtaining the Vigilance Clearance Certificate
(VCC), which is still awaited. The instructions further state
that as and when VCC is received, the Departmental
Promotion Committee will be convened for regularization of
the petitioner.
3. Let the respondents file an affidavit as to when the
matter was sent by the respondent-Education Department
to the Home-Vigilance Department for obtaining the
Vigilance Clearance Certificate of the petitioner. The
affidavit shall also detail the steps taken by the
respondents for complying with the judgment dated
12.09.2023. The affidavit be filed within two weeks.
List on 06.11.2024Advocate General placed on record
copy of instructions memo dated 16.10.2024 issued from
the office of Secretary (Education) to the Government of
Himachal Pradesh. According to these instructions, it
appears that for complying with the judgment dated
12.09.2023, the respondents sent the matter to the Home-
Vigilance Department for obtaining the Vigilance Clearance
Certificate (VCC), which is still awaited. The instructions
further state that as and when VCC is received, the
Departmental Promotion Committee will be convened for
regularization of the petitioner.
3. Let the respondents file an affidavit as to when the
matter was sent by the respondent-Education Department
to the Home-Vigilance Department for obtaining the
Vigilance Clearance Certificate of the petitioner. The
affidavit shall also detail the steps taken by the
respondents for complying with the judgment dated
12.09.2023. The affidavit be filed within two weeks.
List on 06.11.2024."
2. Pursuant to the above order, learned Deputy
Advocate General has placed on record instruction memo
dated 05.11.2024 from the office of Joint Secretary
(Education) to the Government of Himachal Pradesh and on
that basis submitted that promotion order has been issued
in favour of the petitioner on 05.11.2024.
3. In view of above, learned counsel for the petitioner
submitted that judgment now stands complied with.
Taking note of above, the contempt proceedings
are closed. Notices issued to the respondents are discharged.
Petitioner is at liberty to seek appropriate remedy in
accordance with law for the redressal of his remaining
grievances, if any. Pending miscellaneous application(s), if
any, to also stand disposed of.
Jyotsna Rewal Dua
6 November, 2024
th
Judge
(Pardeep)
