NARENDER KUMAR Vs. JITENDER KANWAR

JUDGEMENT

(1.) By way of present contempt petition filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 read with Article 215 of the Constitution of India, prayer has been made on behalf of the petitioners for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed the directions contained in order dated 10.4.2019, passed by the erstwhile HP Administrative Tribunal in OA No. 389 of 2018, whereby the Tribunal below having taken note of report of the State Level Board of Equivalence Committee, filed in compliance to order dated 28.8.2018, observed that nothing survives for adjudication in these matters and same are disposed of accordingly. Learned Tribunal below simply directed the respondents to proceed further with the matter in accordance with the aforesaid report submitted by the Committee expeditiously, preferably on or before 31.5.2019. Since, no steps, if any, ever came to be taken at the behest of the respondents for doing the needful in terms of decision of State Level Board of Equivalence Committee dated 18.8.2019, petitioners have approached this Court in the instant proceedings, praying therein for initiation of contempt proceedings against the respondents.

(2.) Mr. Angrez Kapoor, learned counsel while accepting notice on behalf of respondent No.1 states that State of HP has already laid challenge to the judgment alleged to have been violated and as such, present petition is not maintainable, however fact remains that he was unable to place on record copy of stay order, if any, passed by the Court, where challenge has been laid to the judgment alleged to have been violated. Moreover, having carefully perused judgment alleged to have been violated, this Court finds that there is nothing to be challenged before the Superior court because by way of judgment alleged to have been violated, simple direction has been issued to the respondents to act as per report of the State Level Board of Equivalence Committee, which ultimately came to be placed on record of the court below in terms of order dated 28.8.2018.

(3.) Consequently, in view of the fair stand adopted by the learned Additional Advocate General, this Court sees no reason to continue with the aforesaid proceedings and accordingly, same are closed with direction to the respondents to do the needful in terms of judgment alleged to have been violated, within a period of ten days, failing which they would aggravate the contempt.