Rajinder Singh And Ors vs Sanjay Gupta & Anr

Vivek Singh Thakur, J

As per stamp affixed on index of this petition, this petition was filed vide filing No.651 dated 26.02.2019 for violation of order dated 27.08.2018, passed by the erstwhile H.P. State Administrative Tribunal in O.A. No.4755/2016 titled as Dr. Rajender Singh & Ors. vs. State of H.P. & Ors.

In response to the petition, it has been stated that at the time of steps being taken for compliance of the order, Advisory Department (Law Department) had opined that if the judgment in question is implemented in toto, there may be such eligible incumbents who may be senior to the incumbents who are likely to be ignored by implementing the instant judgment and, therefore, it was advised that either to challenge the judgment by filing CWP before the High Court or to explore the possibility of filing of miscellaneous application before the erstwhile H.P. State Administrative Tribunal for modification of orders, so as to avoid the multiplicity of litigation. It is further stated in the reply that in pursuance thereto, a miscellaneous application No.2759 of 2018, was preferred on 19th November 2018. It is undisputed that the said application is pending adjudication.

At this stage, learned counsel for the petitioner submits that in case, in future, the officers of the State are found in contempt for violation of orders passed by the Court, then petitioner may be granted liberty to file fresh contempt petition against them.

In my opinion, in any such eventuality, no such permission of the Court is required for preferring the contempt petition, in case, there is violation or disobedience of order of the Court.

In view of aforesaid facts and circumstances, I do not find that present contempt petition is maintainable and at this stage, the same is disposed of accordingly.