IN TH 112 Bhim Sain Sh. Apoorv CORAM: Present:- NIDHI GU violation o predecesso Sain Pahuj was dispos COCP-6172-2025 (O & M) IN THE HIGH COURT OF PUNJA AT CHANDIGAR COCP No.6172 o Date of decision Sain Pahuja Versus poorva Kumar Singh, IAS and othe AM:- HON'BLE MS. JUSTICE NI Mr. Ashwani Bhardwaj, Advo for the petitioner. Mr. Sanjeev Kaushik, Addl. A HI GUPTA J. (Oral) Present contempt petition tion of order dated 05.7.2017 (An ecessor Bench of this Court in CWP Pahuja vs. State of Haryana and oth disposed of with the following observa “Thus official responde of the criteria of me while appointing 6th Technical Director. Su decision viz. (2015) 10 statute prescribed mann performed it must consonance thereto. S respondent to the post 1 UNJAB AND HARYANA IGARH 6172 of 2025 (O & M) cision :-16.04.2026 …..Petitioner d others …..Respondents E NIDHI GUPTA , Advocate ddl. A.G., Haryana. ition has been filed alleging (Annexure P-1) passed by a CWP-1690-2017 titled as “Bhim nd others”, whereby the petition bservations/directions :- ondents have not followed one merit-cum-seniority principle 6th respondent to the post of . Supreme Court in a reported ) 10 SCC 241 held that where manner in which action is to be st carried out strictly in o. Since appointment of 6th post of Technical Director is VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document seeking the Reply date Commissio COCP-6172-2025 (O & M) declared as void with available that later pro been adhered, the offici to fill up such number Directors with referenc as on 23.02.2017 an vacancies which were e terms of 24.02.2017 no names of the petitioner 7 and other eligible Chi a period of one month fr The Writ petition had been fil ng the following reliefs:- “i. summon the entir ii. issue a writ i directing the responden the post of Technical Power Utilities strictly Notification dated 10.0 State Government aft seniority of Chief En Corporations as per law iii. issue a writ of respondent to consider to the post of Technica Power Utilities, as he Chief Engineer in the d for appointment; iv. to vii. xx xx Learned counsel for the respo ated 16.4.2026 by way of affida missioner & Secretary to Gover 2 ith reference to records made r procedure laid down has not fficial respondents are directed ber of vacancies of Technical rence to 10.02.2015 notification 7 and thereafter to fill up ere existed as on 24.02.2017 in 7 notification while considering oner and respondents no.6 and Chief Engineers, if any, within nth from today…..” een filed by the present petitioner entire record of the case; it in nature of mandamus ndent to make appointment to ical Director in the Haryana rictly in accordance with the 10.02.2015 (P-1) issued by the after considering the joint f Engineers in the different r law; t of mandamus directing the ider and appoint the petitioner nical Director of the Haryana he is the senior most working he department and fully eligible xx xx” e respondents has filed the Short affidavit of Smt. Ashima Brar, Government Haryana, Energy VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document Departmen record. Co that agains 2017 titled others” was dated 05.7. 12) passed petitioner w infructuous the fact tha the post of petitioner h writ in the strict comp was dismi 09.09.2025 persons can Bench had the post of petitioner c above said COCP-6172-2025 (O & M) rtment on behalf of respondent No. rd. Copy thereof is supplied to learned It is pointed out by learned c against the writ Court order dated 05 titled as “Surender Kumar Bansal rs” was filed, in which, the operation o 05.7.2017 was stayed vide order date passed by the Division Bench. In ioner was respondent No.6. The said ctuous vide order dated 20.8.2024 (A act that the appellant-Surender Kumar ost of Director in compliance of the L ioner has filed the Writ Petition No.17 in the nature of mandamus directing compliance of the order dated 05.7.2 dismissed as withdrawn by the pe 9.2025 (Annexure P-7). Learned counsel for the resp ns cannot be appointed to the same po h had directed that Shri Surender Kum ost of Director, the said direction has b ioner cannot be therefore considered fo Heard. Learned counsel for the petitio e said facts. 3 t No.1. The same is taken on earned counsel for the petitioner. rned counsel for the respondents ted 05.7.2017 an LPA No.1261- ansal vs. State of Haryana and ation of the said Writ Court order er dated 18.7.2017 (Annexure R- . In the said LPA the present he said LPA was disposed of as 024 (Annexure R-18) in view of Kumar Bansal stood promoted to f the LPA Bench. Thereafter, the No.17047 of 2025 for issuance of ecting the respondents to ensure 05.7.2017. The said writ petition the petitioner vide order dated e respondents submits that two ame post of Director. As the LPA er Kumar Bansal be appointed to n has been complied with and the ered for the said post. petitioner is unable to dispute the VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document made by le present con April 16, 2 Vijay Asija Whether spea Whether Repo COCP-6172-2025 (O & M) In view of the facts noted a by learned counsel for the responden nt contempt petition and the same is h Rule stands discharged. Pending application(s), if any, , 2026 r speaking/reasoned Yes / No r Reportable Yes / No 4 oted above and the submissions pondents, nothing survives in the e is hereby disposed of as such. if any, shall stand(s) disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2026.04.17 17.20 I attest to the accuracy and integrity of this document