Disposed

Sudhir Kumar v. Kamlesh Kumar

Himachal Pradesh HC13 Dec 2019COPCT/92/2019

Case brief

AI extract

What is this about?

In a contempt petition alleging disobedience of a tribunal order directing a personal hearing, the court found the order likely complied. The petition was thus disposed of with a direction to the respondent to complete any pending action within five days, with liberty to revive proceedings if ignored.

What did the court decide?

The petition is disposed of with a direction to the respondent to do the needful within five days; liberty to revive proceedings if not complied.

Sudhir Kumar Vs Kamlesh Kumar — Writ and Judicial Review | Himachal Pradesh HC (2019)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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COPC(T)No.92 of 2019

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Date of Decision: 13^th December,2019

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____________ ____________________________________________ Dr. Sudhir Kumar …..Petitioner Versus Kamlesh Kumar …. Respondent

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Hon’ble Mr. Justice Sandeep Sharma, Judge.

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Whether approved for reporting?¹

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For the Petitioner	: Ms. Kiran Kanwar, Advocate.
For the Respondent	: Mr. Sudhir Bhatnagar and Mr. Arvind
	Sharma, Additional Advocate Generals
	with Mr. Kunal Thakur, Deputy Advocate General.

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Sandeep Sharma, Judge (oral):

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By way of present Contempt Petition filed under Sections 10 & 12 of the Contempt of Courts Act read with Article

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215 of the Constitution of India, prayer has been made on behalf

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of the petitioner for initiation of contempt proceedings against

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the respondent for having intentionally and deliberately disobeyed

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the directions contained in order/judgment dated 2.5.2019, passed

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by the Erstwhile H.P. State Administrative Tribunal, Shimla in

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1 Whether the reporters of the local papers may be allowed to see the judgment?

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O.A. No.1754 of 2019, titled as Dr. Sudhir Kumar vs. State of

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Himachal Pradesh and others, whereby learned Tribunal below while reserving liberty to the petitioner to file supplementary representation, praying therein for his transfer to a station of choice, directed Principal Secretary (Education) to the Government of Himachal Pradesh, to consider and decide the same after affording an opportunity of being heard to the petitioner on or before 10^th June, 2019.

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Though, documents placed on record i.e. Annexure C- 2, reveals that pursuant to aforesaid direction issued by the Tribunal, Special Secretary (Higher Education) to the Government of Himachal Pradesh, gave personal hearing to the petitioner, but till date no final order has been passed upon his representation and as such, petitioner has approached this Court in the instant proceedings.

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Mr. Sudhir Bhatnagar, learned Additional Advocate General while accepting notice on behalf of the respondent states

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that though he has every reason to believe and presume that by

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now aforesaid judgment/order alleged to have been violated, must have been complied with, but if not, same would be complied with within a period of five days from today.

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Consequently, in view of the above, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondent to do the needful within a period of five days, if not already done, failing which, petitioner is at liberty to get the present proceedings revived in case aforesaid order/judgment is not complied with, so that appropriate action, in accordance with

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law is taken against erring officials. Notices issued to the

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respondent is hereby discharged accordingly.

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Authenticated copy

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(Sandeep Sharma),

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Judge

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13^th December, 2019

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(shankar)

Sudhir Kumar v. Kamlesh Kumar

Case brief

What is this about?

What did the court decide?

Sudhir Kumar v. Kamlesh Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

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