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2007 Supreme(HP) 264

RAJIV SHARMA
SHIV KUMAR – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Mr. Tarlok Chauhan, Advocate for the Petitioner. Mr. M.S. Chandel, Advocate General, with Mr. M. A. Khan, Deputy Advocate General, for Respondents No.1 to 3. Mr. Ajay Sharma, Advocate, for Respondent No. 4.

JUDGEMENT

Rajiv Sharma, J.:- This Court had issued the following direction in Contempt Petition (c) No.47 of 1996 on 19.3. 21997 (sic-1997) as under: "The complaint of the petitioner is that the following directions given by this court in CWP No.287 of 95 in its order dated 23.10.1995 are not obeyed by the respondents No.1 to 3.

1. The petitioner-Cooperative Society shall pay arrears of salary to respondent No.4 within three months from today and current salary regularly, provided, resodnent-4 gives a certificate that he was not gainfully employed during the period in question. As an appeal against the judgment of acquittal in a murder case is pending in this court and there are also charges of misappropriation of funds against respondent-4, the petitioner-Society need not re-instate resodnent-4 in service for a period of six months and within this period the enquiry shall be completed."

2. As regards the payment of arrears of salary and current salary, the stand taken by the Society is that the petitioner had produced a certificate of unemployment but it was found to be false on enquiry made by them. According to them, the petitioner was gainfully employed during the relevant period














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