LAWS(HPH)-2020-1-143

ANIL RANA Vs. STATE OF HIMACHAL PRADESH

Decided On January 08, 2020
Anil Rana Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) In this petition, proceedings for contempt has been sought to be initiated against the respondents. The complaint is that in violation of the order passed by this Court on 26.9.2019 the contemnor-respondent No. 4 Parja Ram (the petitioner in Civil Writ Petition No. 2586 of 2019) has been retained in the same school irrespective of the petitioner, private respondent in the writ petition, was relived from Government High School, Kurla Kharak, District Sirmour on 23.9.2019 and he submitted his joining report at the present station i.e. Government High School, Nalyana, District Mandi on the next day on 24.9.2019 in the forenoon. The petitioner may have submitted the joining report, however, there is no proof that he was allowed to join his duties in Government High School, Nalyana by the competent authority.

(2.) On the other hand vide office order dated 12.7.2019 on the record of the contempt proceedings it has been recorded that respondent No. 4-contemnor Parja Ram has resumed duties consequent upon the interim order dated 26.9.2019 passed in writ petition i.e. CWP No. 2586 of 2019 he filed in this Court. The petitioner in this petition as per this order shown to have join his duties on 23.9.2019 which is not factually correct because his joining report Annexure C-2 is dated 24.9.2019.

(3.) In this view of the matter, no contumacious conduct on the part of the respondents is established on record. Being so, the proceedings against respondents are hereby dropped and the show cause notice(s) discharged.