Disposed

Mangesh Thakur v. Onkar Chand Sharma and Ors.

Himachal Pradesh HC3 Apr 2024COPC/27/2024

Case brief

AI extract

What is this about?

The court heard contempt proceedings filed for the non-implementation of a previous order regarding the petitioner's appointment on compassionate grounds. Since the authorities had considered and rejected the case outside the stipulated time, the court held the proceedings were adjourned with liberty to challenge the outcome.

What did the court decide?

Proceedings closed; liberty granted to file appropriate proceedings against consideration order if required; notices discharged.

Mangesh Thakur Vs Onkar Chand… — Constitutional and Fundamental Rights | Himachal Pradesh HC (2024)

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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

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COPC No. 27 of 2024 Decided on : 03.4.2024

Mangesh Thakur

…Petitioner

Versus

Onkar Chand Sharma& Ors.

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…Respondents

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Coram

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Hon’ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting?

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__________________________ For the Petitioner :	______________________ Mr. Naveen Kumar Dass, Advocate.
For theRespondents :	Mr. Vishal Panwar, Additional Advocate General.

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Sandeep Sharma Judge (oral)

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Vide order dated 8.8.2023 passed by this Court in CWP No. 4331 of 2023 titled Mangesh Thakur v. State of Himachal Pradesh and others, respondents were directed to consider the case of the petitioner for appointment on compassionate grounds, as per policy applicable at the relevant time, in accordance with law, within six weeks from the date of passing of order. Since, the respondents failed to comply with the order dated 6.8.2023, the petitioner filed Execution Petition No.378 of 2023, which was disposed of on 29.11.2023, on the basis of undertaking given by learned Additional Advocate General that the case of the petitioner shall be decided in terms of order dated 8.8.2023, within four weeks. Liberty was also given to the petitioner to get the Execution Petition revived, in case of failure on the part of the respondents to honour the aforesaid undertaking.

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Again the respondents failed to comply with order dated 8.8.2023, but this time, petitioner instead of making a motion to get the Execution Petition revived, has filed the present contempt proceedings, seeking initiation of contempt proceedings against the respondents, for willful disobedience of order dated 8.8.2023.

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Pursuant to notices issued in the instant proceedings, respondents have filed reply, wherein besides offering unconditional apology, it has been stated that the competent authority in the matter is the Finance Department, as such, the respondents could not comply with order dated 8.8.2023, within the time frame set by this Court. Respondents have annexed order dated 23.2.2024 with the reply as Annexure R-1, perusal whereof reveals that the case of the petitioner has been considered and rejected.

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Since the only direction contained in order dated 8.8.2023 was to consider the case of the petitioner as per policy prevalent at the relevant time and same has been done by the respondents, by considering the case of the petitioner, though beyond the period fixed by this Court, nothing remains to be adjudicated in the present proceedings and same are closed. However, liberty is reserved to the petitioner to file appropriate proceedings against the consideration order dated 23.2.2024, if so required and desired. Notices issued to the respondents are discharged.

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(Sandeep Sharma ) Judge

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April 03, 2024 (veena)

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Mangesh Thakur v. Onkar Chand Sharma and Ors.

Case brief

What is this about?

What did the court decide?

Mangesh Thakur v. Onkar Chand Sharma and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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