Jagdish Chand vs Commissioner, Municipal Corporation, Shimla

Sandeep Sharma, J

By way of present petition filed under S. 17 of the Administrative Tribunals Act read with Rules 3 and 7 of Administrative Tribunals (Contempt of Courts) Rules and S.12 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner to initiate contempt proceedings against the respondent for willful and deliberate disobedience of order dated 11.1.2017 passed by erstwhile Himachal Pradesh Administrative Tribunal in OA No. 7285 of 2016, titled Jagdish Chand vs. The Commissioner, Municipal Corporation, Shimla, whereby learned Tribunal below disposed of the Original Application with a direction to the respondent to consider and decide the representation (Annexure A-1 of the Original Application) for engagement as a fresh hand by 15.2.2017. Since no action, whatsoever, came to be taken by the respondent in pursuance to order passed by erstwhile Himachal Pradesh Administrative Tribunal, petitioner has approached this Court in the instant proceedings, praying therein to take appropriate action against the respondent, in accordance with law.

Perusal of reply filed by the respondent, especially para-4 of reply on merits reveals that since the year 2007, there has been neither any direct recruitment of Mazdoor nor there is any vacancy available and petitioner has been conveyed by the respondent that as and when any vacancy is available, he would be considered for appointment on daily wage basis. In view of above, this Court does not find that there is any contempt committed by the respondent and as such, no fruitful purpose would be served by keeping the present proceedings alive.

In view of aforesaid, present proceedings are closed. Notice issued to the respondent is discharged. Liberty is reserved to the petitioner to file appropriate proceedings in appropriate court of law, qua surviving grievances, if any.