IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE TARLOK SINGH CHAUHAN, ACTING CHIEF JUSTICEHON'BLE MR. JUSTICE VIRENDER SINGH
CHAIN SINGH KANWAR AND OTHERS – Appellant
Versus
SHARWAN MANTA – Respondent
COPC/344/2025
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2 2026:HHC:31509
Sharwan Manta …Respondent
…………………………………………………………………………….
5. COPC No. 524 of 2025
Pushpa Sharma and others …Petitioners
Versus
Sharwan Manta f…Respondent
…………………………………………o………………………………….
6. COPC No. 527 of 2025
Lajender Singh Tomar and others …Petitioners
Versus
Sharwan Manta …Respondent
Coram C
The Hon’ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
gFor the petitioner(s) : Mr. Onkar Jairath, Senior
Advocate, assisted by Dr. Lalit
Kumar Sharma, Mr. Nitin
Thakur, Mr. Anshul Jairath,
and Mr. Vanshaj Sharma,
Advocates.
For the respondent(s) : Mr. Dilip Sharma, Senior
Advocate, assisted by Mr.
Munish Sharma, Advocate.
Virender Singh, Judge.
The above-titled contempt petitions are being
decided by this common order, as, all these contempt
1 Whether Reporters of local papers may be allowed to see the judgment? Yes.
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petitions have been filed in CWPs No. 660 of 2018, 76 of
2020, 321 of 2020 and 860 of 2020, decided by this Court,
on 28th March, 2024.
2. By way of judgment, dated 28th March, 2024,
this Court has decided a bunch of peftitions, alongwith the
above-named writ petitions.
3. As per the record, the judgment, dated 28th
March, 2024, had been assailed before the Division Bench
of this Court, by way of LPA No. 242 of 2024, which was
dismissed, on 4th October, 2024.
4. By way of the contempt petitions in hand, a
phrayer has been made to initiate contempt proceedings,
gagainst the respondent, for willful disobedience of the
ijudgment, passed by this Court.
5. While deciding the above-noted writ petitions,
vide judgment, dated 28th March, 2024, this Court has
granted the following relief, to the petitioners therein:
“19. Consequently in view of the detailed
discussion made hereinabove as well as law
taken into consideration, this Court finds
merit in the present petitions and accordingly
same are allowed and impugned order dated
12.12.2017 passed by respondent No. 2, in
all the petitions, is quashed and set-aside
and amount, if any, recovered on account of
the recovery proceedings, shall be refunded
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to the petitioners alongwith upto date
interest. Pending applications, if any, also
stands disposed of.”
6. It is not in dispute that this C.ourt, vide
judgment, dated 28th March, 2024, has quashed the order,
dated 12th December, 2017, passed by respondent No. 2
and directed the respondents to refund the amount, if any,
recovered, on account of the recovery proceedings.
However, by way of the above-titled contempt petitions, a
prayer has been made that by virtue of judgment, dated
28th March, 2024, the order, dated 12th December, 2017,
passed by respondent No. 2, has been quashed, as such,
their pay is required to be re-fixed, which has not been
done by the respondent.
7. The prayer for initiating the contempt
proceedings has been made, on the ground, that despite
the judgment, passed by this Court, quashing the order,
dated 12th December, 2017, when the salary for the month
of September was credited into the accounts of the
petitioners, they realized that their salary has been
reduced. The said act of the respondent is stated to be not
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only contrary to the orders, passed by this Court, but, also
contemptuous.
8. On the basis of the above facts, a prayer has
been made to punish the respondent, for contempt of the
Court. f
9. Reply has been filed, in COPCs No. 916 of 2024
and 344 of 2025, in whicth, the factual position has not
been disputed, but, it has been prayed that all the
directions of this Court have been complied with and by
way of filing the Contempt Petitions, the petitioners cannot
claim the relief, which has not been granted to them, by
thhe Court.
g10. According to the respondent, there was no
iorder, with respect to re-fixation of the pay of the
petitioners, nor, there was any direction to restore their
pay.
11. As such, a prayer has be
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