Extracted from the PDF above. The PDF is authoritative.
Vinod Kumar vs. HRTC and another a/w connected matters
Ex. Petition No.1332 of 2024 a/w Ex. Petition PT No.179 of 2023, COPC Nos. 232 to 234 of 2024, Ex. PT Nos.111, 115, 116, 119 to 121, 124 to 127, 136, 137, 142, 145, 150, 152 to 157, 171, 228, 306 to 308, 327, 329, 330, 332 to 336, 338, 339, 341 to 345, 337, 346, 459 to 462, 477, 533 to 536, 541 to 543, 576, 1321 to 1329, 1333 to 1336 & 1351 of 2024. 17.03.2025 Present: M/s Balwant Singh Thakur, Vikas Rajput, Sat
Prakash and Shyama Prashad Chatterji,
Advocates for the respective petitioners in the
respective petitions. Mr.Dheeraj K. Vashisth and Mr. Raman Jamalta, Advocates for the respondent-HRTC. Mr. Anup Rattan, A.G with Mr.Ramakant Sharma, Ms. Sharmila Patial, Mr. Sushant Keprate, Addl. A.Gs for the respondent-State. This Court, over a period of time, is not only flooded but also choked with the execution petitions that are being filed against certain monopolistic Boards and Corporations like the HRTC, HPSEB etc. The common ground taken in all these cases by such authorities for non-execution of orders/judgments that have attained finality, is the financial crunch/financial constraints. We really wonder as to why at the first place such monopolistic Corporations/Boards went into the red and suffered losses. We are not oblivious to the fact that earlier also, some of such institutions had to be closed down, only because they were no longer viable. It is, therefore, high time that the State introspects its policies, more particularly, with regard to the subsidies and policies in general, restructures its Boards and Corporations so as to tide over the financial crunch. We observe so, because even in matters regarding judicial infrastructure where the State hardly has to contribute 10% and 90% is contributed by the Central Government, the State Government has been expressing its inability to pay the matching grant due to financial crunch. Here also in these cases, despite the orders having attained finality and thereafter clear cut directions having been passed in the execution petitions, such orders have still not been implemented by the HRTC only for want of finances. This is despite the fact that an additional grant of Rs.100 crores has been made by the State Government to the HRTC.
As observed above, it is high time that State introspects and devises a mechanism so as to ensure that all the Boards and Corporations that are in the red become self-sufficient, self reliant and do not have to unnecessarily go to the State Government with a begging bowl which in turn shall ensure that the orders of the Court are duly complied with and the Officers of the
Boards/Corporations are not unnecessarily made to face harassment for no fault of theirs. We could have conveniently initiated contempt proceedings, but looking into the state of affairs prevailing in the State, we refrain from doing so, with the hope and trust that the State Government, as noticed above, would introspect and submit a road map to this Court so as to ensure that not only the orders passed by this Court are timely complied with, but also ensure that the officers manning these Boards and Corporations are not made to face unnecessary harassment, especially when they are not at fault as the governance of the State does not lie in their hands. List on 5th May, 2025. In the meanwhile, we hope and trust that all the dues as outstandings towards the petitioner(s) are paid to them, or else, this Court may be constrained to take coercive action to recover the same. Execution Petition No.337 of 2024
De-linked. ( Tarlok Singh Chauhan )
Judge
March 17, 2025
( Sushil Kukreja )
(naveen)
Judge