The High Court of Himachal Pradesh dismissed the writ petition filed by the State as it was rendered infructuous because the State had already passed a consideration order rejecting the respondent's representation, occurring after the Administrative Tribunal order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
ON THE 1st DAY OF AUGUST, 2022
BEFORE
THE HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN, JUDGE THE HON’BLE MR. JUSTICE CHANDER BHUSAN BAROWALIA, JUDGE
CIVIL WRIT PETITION NO. 1565 OF 2019
Between
1. STATE OF HP THROUGH PRINCIPAL SECRETARY (I&PH) TO THE GOVT. OF H.P. SHIMLA-2;
2. THE ENGINEER-IN-CHIEF, IPH DEPARTMENT SHIMLA, HIMACHAL PRADESH;
3. THE EXECUTIVE ENGINEER, IPH DIVISION NURPUR, DISTRICT KANGRA, HP;
4. SUB DIVISIONAL OFFICER, IPH SUB DIVISION,KOTLA, TEHSIL JAWALI, DISTT. KANGRA, HP.
….PETITIONERS.
(BY MR. ASHOK SHARMA, ADVOCATE GENERAL WITH MR. VINOD THAKUR, ADDITIONAL ADVOCATE GENERAL)
AND
SAHIB SINGH S/O LATE SH. ASHA RAM R/O VILLAGE JANGAL, PO BAGGA, TEHSIL JAWALI, DISTRICT KANGRA, HP PRESENTLY SERVING AS DAILY WAGES BELDAR IN S.S. II PUMP OUSE JANGAL, TEHSIL JAWALI, DISTRICT KANGRA, HP.
….RESPONDENT
(BY SH. SANJAY JASWAL, ADVOCATE)
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This civil writ petition coming on for orders this day, Hon’ble
Mr. Justice Tarlok Singh Chauhan, passed the following:
O R D E R
Aggrieved by the order of H.P. Administrative Tribunal, the petitioners-State have filed the instant petition for the grant of following substantive reliefs:-
“(a) The impugned judgment and order dated 6.7.2017 (Annexure P- 1) passed by the Hon’ble H.P. Administrative Tribunal in TA No. 189/2016 titled Sahib Singh Vs. State of HP & others may kindly be quashed and set aside in the interests of justice.
(c) The operation of the impugned judgment and order dated 6.7.2017 (Annexure P-1) passed by the Hon’ble H.P. Administrative Tribunal in TA No. 189/2016 titled Sahib Singh Vs. State of HP & others may kindly be stayed during the pendency of the present petition.”
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disposed of.
(Tarlok Singh Chauhan) Judge
(Chander Bhusan Barowalia)
Judge
1st August, 2022
(Guleria)
1 issue framed by the court
Whether the instant writ petition is maintainable considering the consideration order was already passed by the petitioners-State rejecting the respondent's representation.
State of HP
State of HP Through Principal Secretary (I&PH)
The Engineer-In-Chief, IPH
The Executive Engineer, IPH
Sub Divisional Officer
Sahib Singh
Tarlok Singh Chauhan
Chander Bhusan Barowalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
