Single Judge held that the respondent was not in default as they took action after receiving the order. Petition was infructuous accordingly allowed only to supply a copy of UO dated 19.3.2009.
Petition disposed of as infructuous; Respondent directed to supply copy of U.O. 1/12/2003-4PR dated 19.3.2009 within three weeks.
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 PUNJAB AND HARYANA AT CHANDIGARH
C.O.C.P. No. 355 of 2009
Date of Decision : April 21, 2009
Jyoti Oberoi
....Petitioner
Versus
Ajit M.Sharan, IAS, Commissioner-cum-Secretary to Government, Finance Department, Haryana, Chandigarh
.....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Anand Bhardwaj, Advocate for the petitioner.
Mr. Kartar Singh, Assistant Advocate General, Haryana, for the respondent.
T.P.S. MANN, J. (Oral)
The writ petition filed by the petitioner was disposed of by a Division Bench of this Court on October 17, 2008, by directing the respondent to take a final decision by passing a speaking order on the demand notice dated 11.8.2008 attached as Annexure P-3 therein within a period of two months from the date of receipt of the order.
According to the petitioner, though a copy of the aforementioned order was sent to the respondent by way of registered post on 19.11.2008, yet no action has been taken thereon. Accordingly, the petitioner prayed for initiating contempt proceedings against the respondent.
Reply has already been filed on behalf of the respondent. In paras
C.O.C.P. No. 355 of 2009 -2-
2 and 3 of the same, it stands mentioned that the copy of the order dated 17.10.2008 was received on 4.11.2008. At that time the case with regard to revision of fixed salary of untrained teachers was under consideration and, therefore, no final decision could be taken. Lateron fixed pay of untrained teachers has been revised and a decision of High Powered Officers' Committee has been conveyed to the Financial Commissioner and Principal Secretary to Government Haryana, Education Department vide UO No. 1/12/2003-4PR dated 19.3.2009. The demand notice of the petitioner was then examined in detail. Accordingly, a detailed speaking order was passed on 2.4.2009. Copy of the same has been appended with the reply as Annexure R-1.
In view of the aforementioned, it cannot be said that the respondent has not complied with the order passed by a Division Bench of this Court on 17.10.2008. The petition has been rendered infructuous and is, accordingly, disposed of. Rule is discharged.
However, the respondent is directed to supply a copy of UO No. 1/12/2003-4PR dated 19.3.2009 to the petitioner within three weeks from today.
( T.P.S. MANN ) April 21, 2009 JUDGE ajay-1
1 issue framed by the court
Whether the petitioner is entitled to initiate contempt proceedings against the respondent for non-compliance with a previous Division Bench order.
Jyoti Oberoi
Ajit M.Sharan, IAS, Commissioner-cum-Secretary to Government, Finance Department, Haryana
T.P.S. Mann
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
