Anand Sharma Vs Dinesh Malhotra And Ors

High Court Of Himachal Pradesh 16 Jul 2020 COPCT No. 690 Of 2020 (2020) 07 SHI CK 0166
Bench: Single Bench
Result Published

Judgement Snapshot

Case Number

COPCT No. 690 Of 2020

Hon'ble Bench

Sandeep Sharma, J

Advocates

H.R. Jhingta, Shivank S. Panta

Final Decision

Disposed Of

Judgement Text

Translate:

Sandeep Sharma, J

1. By way of present contempt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the

respondents for having willfully and intentionally disobeyed the directions contained in order/judgment dated 11.7.2017, passed by the Erstwhile HP

State Administrative Tribunal in OA No. 3261 of 2017, whereby the Tribunal below having taken note of the statement made by the learned counsel

for the petitioner that his case is squarely covered by the judgment dated 17.7.2014, passed by this Court in CWP No. 3050 of 2014, titled Nek Ram v.

State of HP and Ors., disposed of the petition with direction to the respondents/competent authority to consider the case of the applicant in light of

aforesaid judgment and thereafter, grant similar benefit to him in case he is found to be similarly situate within a period of three months from the date

of production of certified copy of the order. Since no action, whatsoever, came to be taken at the behest of the respondents pursuant to aforesaid

direction issued by the Tribunal, petitioner has approached this Court in the instant proceedings.

2. Having heard learned counsel for the parties and perused reply filed on behalf of respondent No.1, this Court finds that judgment alleged to have

been violated stands duly complied with. Careful perusal of Annexure R-1 annexed with the reply reveals that cheque bearing No.095737 dated

13.3.2018 drawn at Union Bank of India, amounting to Rs. 10,00,000/-on account of payment of retirement gratuity to the petitioner stands handed

over to the petitioner, who otherwise has already got his cheque encashed as is evident from the statement of accounts annexed with the aforesaid

communication. Similarly, this Court finds that vide cheque No. 003505 dated 2.5.2018 drawn on IDBI Bank Barog Branch, sum of Rs. 6,50,000/- has

been paid to the petitioner on account of leave encashment.

3. Since entire amount in terms of judgment alleged to have been violated stands released in favour of the petitioner, this Court sees no reason to keep

the present petition alive and accordingly same is closed. Notices issued to respondents are discharged at this stage. However, before parting, this

Court wishes to observe that remaining amount, if any, on account of retiral benefits, if not already paid, shall also be released in favour of the

petitioner, expeditiously, within a period of three weeks.

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