Deep Kumar And Others vs B.K. Aggarwal And Another

Sandeep Sharma, J

By way of instant petition filed under S.17 of Administrative Tribunals Act, 1985 read with Ss. 10/12 of Contempt of Courts Act, 1971 and Art. 215 of the Constitution of India, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondents for having willfully and deliberately violated order dated 11.1.2018 passed by erstwhile Himachal Pradesh Administrative Tribunal in MA's Nos. 21 and 151 of 2018 in OA No. 5988 of 2016, whereby learned Tribunal below, while vacating interim order dated 17.11.2016, reserved liberty to the respondents to make promotion in the cadre of SI/ASI/Head Constables (Brass Band) in accordance with Standing Orders/Rules/law. Since the respondents have allegedly made promotions after passing of aforesaid order dehors the rules, especially Standing Orders, petitioners approached learned Tribunal below by way of instant proceedings, which now stand transferred to this Court.

Having heard learned Additional Advocate General and perused the reply filed by Director- General of Police, Himachal Pradesh, this Court finds that after vacation of stay orders on 11.1.2018, one promotion from Himachal Pradesh Police Orchestra Staff has been made vide order dated 27.4.2018 (Annexure R-3 of reply filed by Director-General of Police, Himachal Pradesh) as per provisions contained in SOP's dated 4.10.2016, as such, this Court finds no action of the respondents to be contumacious.

Consequently, in view of above, this court sees no reason to keep the present proceedings alive and same are closed. Notices issued to the respondents are discharged. However, Registry is directed to list OA No. 5988 of 2016 titled Deep Kumar and others vs. State of Himachal Pradesh and another in the second week of August, 2020, for hearing.