Neelam Kumari And Others vs State Of H.P And Others

Tarlok Singh Chauhan, J

CWP No. 5539 of 2020.

The instant petition has been filed for grant of following substantive relief:-

“ That the respondents may kindly be directed to offer appointment to the petitioner as Anganwari Helper in Anganwari Centre Borat, Block

Sundernagar, District Mandi, H.P with seniority and all consequential benefits.

The petitioner, in support of her contention, that she was at serial No.1 in the waiting list has appended with the petition copy of the proceedings of

the selection to the post in question, that took place on 03.08.2007, wherein the petitioner has been shown to be at serial No.1 in the waiting list.

Believing version put forth by the petitioner to be true, this court on 18.12.2020 passed the following order:-

“ It is rather unfortunate that even now when a decision has been taken by the respondent, the petitioner, who was at Sr. No. 1 of the waiting list

and had been agitating her claim for the past 12-13 years, has not been offered appointment, rather, the appointment has been given to another

candidate, who was at Sr. No. 2 in the waiting list and had never even bothered to agitate her claim. It appears that the Child Development Project

Officer has mischievously and in order to defeat the claim of the petitioner, offered appointment to a candidate, who, as observed above was at Sr.

No. 2 in the waiting list.

In such circumstances, we deem it proper to initiate contempt proceedings against the concerned Child Development Project Officer and the Director,

Women and Child Development, Himachal Pradesh. Registry is directed to register separate contempt proceedings against aforesaid two persons.

Learned Advocate General prays for and is granted two days’ time to rectify the error that has been committed by the Child Development Project

Officer.â€​

Not only this, separate contempt proceedings were initiated against officers of the State, which came to be registered as COPC No. 275 of 2020.

It is only thereafter that the original record was produced by the respondents. The officials of the State pointed out that the document submitted by

the petitioner was interpolated as the petitioner was never shown to be at serial No. 1 in the waiting list, and only simplicitor waiting list was prepared

as is evident from perusal of the proceedings, Annexure R-1.

The petitioner has clearly indulged in interpolating the document (Annexure P-7) in order to gain unfair advantage from this Court and the same

cannot be lightly brushed aside. Since the petitioner has approached this court with unclean hands, therefore, she is not entitled to any relief.

Accordingly, while dismissing the writ petition, we direct registration of FIR against the petitioner at Police Post Slapper, Police station Sunderngar,

and the petitioner is burdened with costs of Rs. 20,000/-, which shall be paid by her to the respondents in the contempt petition for dragging them into

unnecessary unavoidable litigation. After registration of the FIR, the investigating agency is directed to complete the investigation within three months.

The writ petition stands dismissed, in the aforesaid terms, so also the pending application(s), if any.

For compliance, list on 28.4.2021.

COPC No. 275/2020

In view of dismissal of the writ petition, as aforesaid, the contempt petition is closed and the notices are ordered to be discharged.