An execution petition filed by an employee seeking to enforce a prior judgment quashing a disciplinary order was dismissed. The Court held that the execution petition was not maintainable because the prior order had already granted liberty to initiate proceedings, rather than a specific final relief capable of execution.
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2024:HHC:10717
IN THE HIGH COURT OF HIMACHAL PRADESH AT
SHIMLA
Exe. Pt. No. 106 of 2024 Decided on : 06.11.2024
Shri Kali Dass
…Petitioner
Versus
Himachal Road Transport Corporation.
…Respondent
Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1
For the petitioner : Mr. Naresh K. Sharma, Advocate. For the respondents : Mr. Rahul, Advocate.
Ajay Mohan Goel, Judge (Oral )
By way of this execution petition, the petitioner is praying for the execution of the judgment dated 06.09.2023, passed in CWPOA No. 5314 of 2020, titled Shri Kali Dass Vs. HRTC, which petition was disposed of by this Court in the following terms:-
“6. Accordingly, on this count, this petition succeeds and order dated 28.05.2012 (Annexure A-3) passed by Managing Director is quashed and set aside and the respondents are directed that in case they do so intend,
1 Whether reporters of the local papers may be allowed to see the judgment?
2
2024:HHC:10717
then they may proceed with the matter in terms of the liberty granted by this Court as per its earlier order and but natural as it was the order passed by the Disciplinary Authority, which was set aside, fresh order, if any, has to be passed by the Disciplinary Authority and not by the authority superior to him.
7. With these observations, the present petition stand disposed of, so also pending miscellaneous application(s), if any.
8. It is made clear that in case the respondents intend to proceed in the matter in terms of the liberty granted by the Court in its earlier order, then needful be done by initiating the process within a period of two months from today, otherwise it will be deemed that they do not intend to take any action against the petitioner.”
light of the judgment that was passed by the Court, this Court fails to understand as to how this execution petition is maintainable.
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reliefs have not been made good by the respondents to the petitioner. He submits that the petitioner has also filed a representation in this regard and as nothing was being done, hence, this execution petition.
(Ajay Mohan Goel) Judge
November 06, 2024 (Shivank Thakur)
Shri Kali Dass
Himachal Road Transport Corporation
Ajay Mohan Goel
As recorded by the court registry
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