This contempt petition arises from non-implementation of a previous judgment granting Grant-in-Aid. The respondent filed an unconditional apology and stated benefits were released from December 2021, noting the petitioner's misconduct and resignation. Finding no further non-compliance, the court disposed of the petition.
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| IN THE HIGH COURT | OF HIMAC | HAL PRADESH AT SHIMLA COPC No. 205 of 2023 Decided on: 07.11.2023 |
|---|---|---|
| Susheel Kumar | Versus |
……..Petitioner |
| Abhishek Jain & Ors | …….Respondents | |
| Coram | ||
| HON'BLE MR. JUSTIC | E RANJAN | SHARMA, JUDGE |
| WHETHER APPROVED FOR RE | PORTING? | Yes |
| For the petitioners | : Mr. Onk Jairath, |
ar Jairath and Mr. Anshul Advocates. |
| For the respondents | : Mr. Vis Advocat |
hal Panwar, Additional e General for respondents |
Ranjan Sharma, (Oral)
The petitioner is seeking implementation of the judgment dated 14.10.2022 passed by this Court in CWP No.1300 of 2022, titled as Susheel Kumar versus State of Himachal Pradesh and others, decided on 14.10.2022, Annexure-C-2 whereby this Court has passed the following orders:-
“5. After carefully going through the order dated 7.4.2016 (Annexure P-5) as well as order dated 26.11.2018, passed by this Court in LPA No.53 of 2018, titled as State of Himachal Pradesh and others vs. Sh.
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Villam Singh, we are of the opinion that the case of the petitioner is squarely covered by the said decisions.
Secretary (Education), Himachal Pradesh has filed affidavit sworn on 26.08.2023, tending unconditional apology in para 5 of the reply.
“That it is respectfully submitted that the petitioner had not come before the Hon’ble court with clean hands as the petitioner had claimed in the Civil writ petition filed by him that he had been working in the school w.e.f. 15.11.2020 whereas as per the information received from the Principal, GSSS Dhar Tikkari, District Sirmour through the Director of Elementary Education, the petitioner worked in the
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school we.f. 01.20.2021 and left the school on 28.12.2021 . It is further submitted that as per the information submitted by the Principal, GSSS the petitioner has misused the official paper for making the experience certificate, which was kept for scanning, for the use of bank and when this act of the petitioner came in the knowledge a letter was written to the SHO by the concerned Principal for taking necessary action against Sh. Susheel Kumar. The copy of the complaint is annexed and the same is marked as Annexure R-1. However, it is submitted that in compliance to the directions passed by the Hon’ble Court Grant-in-Aid to the petitioner has been released w.e.f. 15.11.2021.”
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after joining of regular teacher. Therefore, on 8.3.2023 i.e. on the date of passing the order the petitioner was no more working in the institution.
circumstances, and the unconditional apology so tendered, no further orders are required to be passed in the instant Contempt Petition and the matter is
closed.
Jairath, learned counsel for the petitioner has not been able to show as to how and to what extent the judgment remains unimplemented, in view of the conduct of the petitioner, in not performing his job/duties.
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the respondents who shall examine the same and to pass appropriate orders within two weeks positively after hearing the petitioner.
As aforesaid, the Contempt Petition is disposed of as well as, pending miscellaneous application(s), if any, also stand disposed of,
accordingly.
(Ranjan Sharma) Judge
November 7, 2023 (himani)
2 issues framed by the court
Whether implementation of the earlier judgment dated 14.10.2022 was required after the petitioner files for conditional amount upon apology.
Whether the petitioner can claim benefits if he left the school before the order was passed and misused official papers.
Colour shows how this judgement treated each authority
CWP No.1300 of 2022Referred¶3
State of Himachal Pradesh and others vs. Sh. Villam SinghReferred¶4
LPA No.53 of 2018
order dated 7.4.2016Referred¶4
Susheel Kumar
Abhishek Jain & Ors
Ranjan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
