Biri Singh vs Bharat Khera, Managing Director, Himachal Road Transport Corporation, Main Bus Stand, 1st Floor, Shimla and Sh. Dhruv Vashist, Managing Director, HRTC, Shimla, H.P.

Justice Kurian Joseph, C.J.—Petitioner approached this Court, complaining that judgment dated 2.7.2010 in CWP(T) No. 8231 of 2008 has not complied with in proper spirit. Though the respondents sought to defend their initial action which was not in proper compliance with the judgment, after this Court called for the files, the respondents, after examining and clarifying the actual legal position, have changed their stand and have passed proper orders. Learned counsel for the petitioner submits that the eligible benefits have also been granted to the petitioner. Respondents have tendered apology in the affidavits.

On 13.7.2012 this Court passed the following order:

Learned counsel appearing for the petitioner submits that the judgment has been implemented in letter and spirit. We find that it took more than 20 postings in contempt jurisdiction to get a judgment implemented.

Mr. Dhruv Vashisht, presently serving as Managing Director, H.R.T.C., Shimla will stand impleaded as the additional 2nd respondent.

Respondents No. 1 and 2 are directed to file affidavit as to what do they propose to do in future so as to avoid inconvenience to the parties and to save the precious time of the Court. The affidavit is directed to be filed since we find that only because of lack of appropriate system, it has led to the situation like the present case. It appears that either in the Law Department of the Government or in the Corporation, there is any system as such. It is the individual opinion that matters. That does not reflect good governance. The individual has no independent say and nothing must dependent on an individual''s perception.

Accordingly, respondents No. 1 and 2 have filed their affidavits. It is submitted that they are taking steps to see that the systems are put in practice and administration will not be dependent on the perception of an individual in administrative matters. In view of the steps thus taken by the respondents for good governance in future and in view of the apology tendered, the COPC is dismissed. Rule discharged.