CLCON/299/2021
2021 Latest Caselaw 3024 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
     ON THE 12TH DAY OF AUGUST, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     Contempt Petition No. 299 of 2021



BETWEEN:

Pramod Kumar                                        ....Petitioner
     (By Mr. Niranjan Bhatt, Advocate)



AND:

D Santhian Pandian and others.                ....Respondents
     (By Mr. Gajendra Tripathi, Brief Holder for State of Uttarakhand
     and Mr. Shivanand Bhatt, Advocate for respondent no. 3)




                       JUDGMENT

This Contempt Petition has been filed for alleged disobedience of order dated 11.04.2017 passed by Writ Court and also the order dated 16.12.2020 passed by Contempt Court.

2. Learned counsel for the petitioner was asked to supply copy of the Contempt Petition to learned State Counsel so that he may get necessary instructions from the State Government in the matter. Today, on instructions, Mr. Gajendra Tripathi, learned Brief Holder submits that Mr. D. Sainthian Pandian (respondent no. 1 in the contempt petition) has been relieved to Central Government on 21.05.2021 for joining duties as

Joint Secretary, Ministry of Ayush, Government of India.

3. Mr. Gajendra Tripathi, learned Brief Holder has produced in Court a letter received from Director, Ayurvedic and Unani Services, Uttarakhand in the office of Chief Standing Counsel. The said letter, which was issued on 11.08.2021 goes to state that pursuant to order passed by Contempt Court, the process for notifying the draft Rules is going on.

4. Mr. Shivanand Bhatt, learned counsel appearing for respondent no. 3, however, submits that Bhartiya Chikitsa Parishad, Uttarakhand has framed draft Rules, which have been submitted to State Government for notification.

5. Having regard to the facts of the case, more particularly, the statement made by Mr. Gajendra Tripathi, learned Brief Holder, based on instructions received from Director, Ayurvedic and Unani Services, Uttarakhand, contempt petition is disposed of with a direction to Secretary, Department of Ayush, Uttarakhand to take decision regarding notification of the Rules received from Bhartiya Chikitsa Parishad, Uttarakhand, as early as possible, but not later than eight weeks from the date of production of certified copy of this order.

6. If the Secretary, Ayush Department fails to take decision within stipulated period, petitioner shall be at liberty to file fresh contempt petition.

(MANOJ KUMAR TIWARI, J.) Navin