Joban Dass Chauhan vs Er. Lokesh Thakur

Sandeep Sharma, J

By way of instant contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having willfully and intentionally disobeyed the directions contained in order/ judgment dated 12.7.2019, passed by Erstwhile Himachal Pradesh Administrative Tribunal in TA No. 5749 of 2015, whereby learned Tribunal below while allowing the application having been filed by the petitioner, directed the respondents to refund the penal rent deducted from the petitioner alongwith interest @ 9% per annum, within three months on production of certified copy of this order. Since, no action whatsoever has been taken by the respondents pursuant to aforesaid order/judgment passed by learned Tribunal for refund of the amount, petitioner was compelled to approach this Court in the instant proceedings.

Though, reply to the petition is stated to have been filed, but the same is not on record. Registry to trace and place the same on record, if in order.

Mr. T.S.Chauhan, learned counsel representing the respondent states before this Court that only plausible explanation in the reply for non­compliance of the order/judgment alleged to have been violated is that the respondents have laid challenge to the order/judgment alleged to have been violated by way of Civil Writ Petition before this Court. He also fairly admits that till date no stay has been granted by this Court against the order/judgment alleged to have been violated in the instant proceedings. Since order/judgment alleged to have been violated has been not stayed, this Court sees no reason for the respondents to not to comply with the directions contained in the order/judgment. Faced with aforesaid situation, learned counsel representing the respondent states that order/judgment alleged to have been violated, shall be complied with positively within a period of six weeks, subject to out come of the Civil Writ Petition.

Consequently, in view of the fair stand adopted by learned counsel representing the respondent, this Court sees no reason to keep the present petition alive and as such, same is accordingly disposed of with the direction to the respondent to do the needful in terms of the order/judgment alleged to have been violated, as has been undertaken by learned counsel representing the respondent, within a period of six weeks, failing which, he would further aggravate the contempt. Petitioner is at liberty to get the present proceedings revived in case aforesaid order/judgment is not complied with, so that appropriate action, in accordance with law is taken against erring official. Notices issued to the respondent is hereby discharged accordingly.