Lekh Raj Vs State of H.P. & Others

High Court of Himachal Pradesh 23 Apr 2018 CWP No. 2629 of 2017 (2018) 04 SHI CK 0017
Bench: Division Bench
Result Published

Judgement Snapshot

Case Number

CWP No. 2629 of 2017

Hon'ble Bench

DHARAM CHAND CHAUDHARY, VIVEK SINGH THAKUR

Advocates

Rajesh Kumar Verma, S.C. Sharma, Narinder Guleria, Kunal Thakur, Dy.A.G

Final Decision

Disposed Of

Judgement Text

Translate:

Dharam Chand Chaudhary, J.

1.Heard.

2.On having gone through the facts of this case and taking into consideration the rival submissions, it transpired that in the previously instituted writ

petition, judgment Annexure P-3 came to be passed by a Division Bench of this Court. So far as his removal from service is concerned, it was

directed that the respondents while serving him notice and affording opportunity of being heard shall take decision in the matter, in accordance with

law.

3.As regards the release of grant in aid in his favour, it was left open to him to approach respondent No.2 (Director of Education) in that writ petition.

The said respondent was directed to consider and decide his request, if any, made in accordance with law and after affording opportunity of being

heard to all concerned.

4.This being the factual position, instead of filing fresh writ petition, the petitioner should have resorted to appropriate remedy available to him including

initiating contempt/execution proceedings, had there been any violation or non-implementation of the said judgment. Therefore, this writ petition is not

maintainable and the same is accordingly disposed of leaving it open to the petitioner to resort to appropriate remedy available to him, in accordance

with law. Pending application(s), if any, shall also stand disposed of.

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