Punjab-Haryana High Court
Gursimerjeet Singh vs Arun Sekhri And Ors on 22 February, 2022
104 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
1. COCP-1483-2021 (O&M)
Gursimerjeet Singh
...Petitioner
versus
Arun Sekhri and others
....Respondents
2. COCP-1486-2021(O&M)
Harcharan Singh
...Petitioner
versus
Arun Sekhri and others
....Respondents
3. COCP-1487-2021(O&M)
Harpreet Singh
...Petitioner
versus
Arun Sekhri and others
....Respondents
4. COCP-1488-2021 (O&M)
Ramandeep Singh
...Petitioner
Versus
Arun Sekhri and others
....Respondents
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COCP-1483-2021 and other connected matters :2:
5. COCP-1489-2021 (O&M)
Jashandeep Singh
...Petitioner
versus
Arun Sekhri and others
....Respondents
6. COCP-1490-2021 (O&M)
Date of Decision :22.02.2022
Harwinder Singh
...Petitioner
versus
Arun Sekhri and others
....Respondents
Coram : Hon'ble Mr. Justice B.S. Walia
Present : Mr.SapanDhir, Advocate for the petitioner.
Mr. Aditya Sharda, AAG, Punjab.
***
B.S. Walia, J. (VC)
[1] Cases are being taken up for hearing through Video
Conferencing due to Covid-19 pandemic.
[2] This order shall decide COCP-1483-2021, COCP-1486-2021,
COCP-1487-2021, COCP-1488-2021, COCP-1489-2021 and COCP-
1490-2021, as all the cases arise out of common order. For the sake of
brevity, facts are being taken from COCP-1483-2021.
[3] Prayer in the instant petition is for initiating proceedings
against the respondents for intentional willful violation of judgment and
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COCP-1483-2021 and other connected matters :3:
order Annexure P/1 dated 25.03.2021 in CWP No.38037 of 2018.
[4] A perusal of order dated 25.03.2021 (Annexure P-1) reveals
that Civil Writ Petition No.38037 of 2018 and connected matters were
disposed of with the following orders:-
"(i) Relevant impugned orders dated 20.08.2018 (Annexure P-
12) in CWP No. 29808/2018 and CWP No.29810/2018, orders
dated 08.08.2018 (Annexure P-10) in CWPs No. 38030/2018
and 38033/2018and order dated 20.08.2018 (Annexure P-10) in
CWP No. 38037/2018rejecting the claim the petitioners for
appointment as constables against 2% quota meant for the
wards of the police personnel are set aside
(ii) It is directed that subject to their eligibility at the time of
selection in 2011 and fulfilling other relevant procedural
requirements, the respondents shall issue letters of appointment
to the petitioners as constables against 2% quota meant for the
wards of the police personnel.
iii) Needful as at (ii) be done by the respondents within two
months of the receipt of certified copy of this order."
[5] Learned counsel for the petitioner(s) contends that the instant
petitions were filed on account of failure of the respondents to do the
needful.
[6] Today, learned AAG has produced copy of order dated
19.02.2022, passed by the Director General of Police, Punjab, issuing
directions to the concerned SSPs to issue appointment letters to the
petitioner(s) in terms of the order and judgment dated 25.03.2021
(Annexure P-1) in Civil Writ Petition No.38037 of 2018 and other
connected matters. The same is taken on record. Copy thereof supplied to
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COCP-1483-2021 and other connected matters :4:
learned counsel for the petitioner, who on perusal of the same states that
in the circumstances the petitioner(s) is/are not interested in pursuing the
present petitions and the same be disposed of as such.
[7] Learned AAG contends that needful could not be done within
the stipulated period of time on account of conditions prevailing due to
Covid-19 pandemic as well as the respondents having filed LPA, though
there was no stay against the operation of judgment and order dated
25.03.2021 in Civil Writ Petition No.38037 of 2018 and other connected
matters in the LPA. Learned AAG, contends that in view of the orders
having been complied with, the contempt petitions be disposed of as such
as not falling for any action against the respondents under the contempt
of Courts Act, 1971.
[8] Admittedly order dated 19.02.2022 has been passed issuing
directions to the concerned SSPs to issue appointment letters to the
petitioner(s), in terms of order dated 25.03.2021 in Civil Writ Petition
No.38037 of 2018 and other connected matters, though, the compliance is
beyond the stipulated period of time.
[9] I have considered the submissions of learned counsel for the
parties. Admittedly, orders dated 19.02.2022 in compliance of order and
judgment dated 25.03.2021 in (Annexure P-1) in Civil Writ Petition
No.38037 of 2018 and other connected matters have been passed much
after the time granted. However, taking into account the fact that now
there is compliance as also the explanation offered by the learned AAG
as well as statement of learned counsel for the petitioner, no action under
the Contempt of Courts Act, 1971, is called for against the respondents.
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COCP-1483-2021 and other connected matters :5:
[11] Accordingly, the contempt petition(s) is / are disposed of as
such while directing the respondents to ensure issuance of appointment
letters to the petitioner(s) as also all other similarly situated candidates
within two weeks from today. Liberty to the petitioner(s) to move an
application for revival of the instant petitions if the needful is not done
within the stipulated period of time.
[12] Rule discharged.
(B.S. Walia)
Judge
22.02.2022
'rimpal'
Whether speaking/ reasoned : Yes/No
Whether reportable : Yes/No
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