IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SANDEEP SHARMA, J
M/S NORTHERN INTERNATIONAL EDUCATIONAL AND RESEARCH CENTRE – Appellant
Versus
AMITABH AWASTHI AND ANR – Respondent
COPC/461/2021
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA ON THE 1st DAY OF DECEMBER, 2021 BEFORE HON’BLE MR. JUSTICE SANDEEP SHARMA CIVIL ORIGINAL PETITION CONTEMPT No. 461 of 2021 Between:
M/S NORTHERN INTERNATIONAL EDUCATIONAL AND RESEARCH CENTRE, VILLAGE AND POST OFFICE GHURKARI, TEHSIL AND DISTRICT KANGRA, HIMACHAL PRADESH THROUGH ITS AUTHORIZED SIGNATORY AND CHAIRMAN SHRI ANSHUL SAINI SON OF SHRI H.K. CHAAND SAINI, RESIDENT OF VILLAGE AND POST OFFICE GHURKARI, TEHSIL AND DISTRICT KANGRA, HIMACHAL PRADESH.
….PETITIONER (BY MR. SUNIL MOHAN GOEL, ADVOCATE) AND
1. AMITABH AWASTHI, ADDITIONAL CHIEF SECRETARY (HEALTH)
TO THE GOVERNMENT OF HIMACHAL PRADESH, SHIMLA
2. DR. ANITA MAHAJAN THR DIRECTOR OF MEDICAL EDUCAITON AND RESEARCH THROUGH ITS DIRECTOR, SDA COMPLEX, KASUMPTI, SHIMLA HIMACHAL PRADESH-171009.
….RESPONDENTS (BY MR. AJAY VAIDYA, SENIOR ADDITIAONL ADVOCATE GENERAL)
Whether approved for reporting?.
This petition coming on for orders this day, the Court passed the following:
O R D E R
By way of present contem pt petition, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondent for having utheir willfully and intentionally disobeyed the directions contained in judgment dated 9.4.2021, rendered in CWP No. 2369 of 2021, whereby the Division Bench of this Court disposed of the petition with direction to the competent authority to consider and decide the application dated 18.6.2018 within a period of three months. Since despite there being aforesaid direction, no steps, whatsoever, came to be taken at the behest of the respondents for doing the needful, petitioner has approached this Court in the instant proceedings.
2. Mr. Ajay Vaidya, learned Senior Additional Advocate General, submits that though he has every reason to presume that by now, judgment alleged to have been violated must have been complied with in its totality, but if not, same would be positively complied with within a period of three weeks from today.
3. Consequently, in view of the fair stand adopted by the learned Senior Additional Advocate General, this Court sees no reason to keep the present petition alive and accordingly, same is closed. However, respondents-contemnors are directed to fdo the needful in terms of judgment alleged to have been violated within a period of three weeks, failing which they would aggravate the contempt and petitioner would be at liberty to get the present pertition revived so that appropriate action in accordance with law is taken against the erring officials.
1st December, 2021 (Sandeep Sharma), (manjit) Judge
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