Himachal Pradesh High Court
Vinod Kumar vs State Of H.P. And Ors on 3 October, 2024
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMP No. 18593 of 2024
in/and LPA No.: 300 of 2024
Decided on : 03.10.2024
Vinod Kumar.
..............Appellant.
Versus
State of H.P. and Ors. ............Respondents.
Coram
Hon'ble Mr. Justice Rajiv Shakdher, Chief Justice.
Hon'ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the appellant : Mr. Vishwa Bhushan, Advocate.
For the respondents : Mr. Pranay Pratap Singh, Additional
Advocate General, for respondents
No. 1 to 6.
Rajiv Shakdher, Chief Justice (oral)
1. This matter had come up for hearing before us on
01.10.2024. On that day, Mr. Vishwa Bhushan, learned counsel, who
appears on behalf of the appellant, sought accommodation. Accordingly,
the matter was posted today i.e., 03.10.2024.
1 Whether reporters of the local papers may be allowed to see the judgment?
Neutral Citation No. ( 2024:HHC:9666 )
2. Mr. Bhushan informs us that criminal proceedings have
been triggered against respondent nos. 1, 2 and 7.
2.1 In this context, Mr. Bhushan states that he has filed an
application with the Registry today i.e., 03.10.2024. A hard copy of the
application has been placed before us.
3. We may note that the application has not been registered
as yet.
3.1. However, since the application is relevant, it is taken on
record. The Registry is directed to register the application and accord a
number to it.
4. A perusal of the application shows that an FIR has been
registered against respondent no. 1/ Ms Alpana, respondent no. 2/Mr
Yudhvir Bhardwaj and respondent no. 7/ Mr. Anup Kumar.
5. Having regard to the fact that criminal proceedings have
been triggered based on the same facts that have been adverted to in the
writ petition and in the above-captioned appeal, we are of the opinion
that we need not detain ourselves and adjudicate the instant appeal.
6. It must be noticed that the learned Single Judge dismissed
the writ petition via the impugned judgment dated 17.07.2024 on the
ground that the appellant had no locus as the dispute fell in the realm of
service law jurisprudence.
Neutral Citation No. ( 2024:HHC:9666 )
6.1. Being aggrieved, the instant appeal was preferred which
was pivoted on the assertion that the dependent certificate had been
obtained by respondent no. 7 fraudulently, which formed the basis for
his appointment to the post of Veterinary Pharmacist.
7. As noticed above, in view of the developments i.e.,
registration of FIR No. 5 of 2024 dated 04.07.2024 with Police Station
(SV & ACB) Mandi, H.P., the issue raised in the appeal, as indicated
above, need not be adjudicated since even according to the appellant the
allegations levelled against the respondent would need investigation.
8. The appeal is, accordingly, closed.
9. Needless to add, we have not expressed any view with
regard to the issues raised in the appeal or with regard to the criminal
proceedings that have been triggered in the interregnum by the appellant.
The Investigating Officer shall proceed with the same as per law.
10. Consequently, CMP No.18593 of 2024 shall stand
closed.
( Rajiv Shakdher)
Chief Justice
(Satyen Vaidya)
3rd October, 2024 Judge
(sushma)
Neutral Citation No. ( 2024:HHC:9666 )
