LAWS(HPH)-2013-6-37

DILA RAM CHAUHAN Vs. ONKAR CHAND SHARMA

Decided On June 21, 2013
Dila Ram Chauhan Appellant
V/S
Onkar Chand Sharma Respondents

JUDGEMENT

(1.) THE present contempt petition has been preferred by the petitioner, alleging that against the judgment/order passed by this Court in CWP No. 2399/2012 on 4.7.2012, whereby there was a direction that the petitioner shall be paid interest at the rate of 7% for every month starting from June 1993 for an amount Whether the reporters of the local papers may be allowed to see the Judgment? of Rs. 904/- till the building was vacated by the respondents. Further, the interest, as above, was ordered to be worked out and disbursed to the petitioner, within two months from the date of passing of the judgment/order. There was a further direction to respondent No. 1, i.e. Secretary (I & PH) to conduct an inquiry as to who should be made liable for the interest paid to the petitioner and steps were required to be taken for recovery of the said amount from the erring officers/officials and a report on the action taken by the first respondent [Secretary (I & PH)] was ordered to be filed before this Court for perusal, within another two months, making it clear that in case the interest, as above, is not disbursed to the petitioner, he shall be entitled for interest at the rate of 12% for the entire amount and the first respondent, in office as on day, will be personally liable for the same.

(2.) IT is submitted by the learned Additional Advocate General that an amount of Rs. 1,11,346.48 stands paid to the petitioner alongwith interest at the rate of 7%, which fact has also been admitted by the petitioner in the present petition. But the grievance of the petitioner is that the amount was wrongly calculated on yearly basis, in fact it was required to be calculated on monthly basis.

(3.) IT is noticed, that the respondents have not filed compliance report with respect to the inquiry, if any, conducted for recovery of the interest amount from the erring officer/official. It is made clear that interest amount shall not go out of the Government funds, but shall be recovered from the erring officer/official, who is held liable. The compliance report of the judgment, referred above, qua this part has not been filed. It be filed within four weeks, positively and placed before this Court on the administrative side, failing which the Registry shall place the matter on judicial side.