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2025 DAILYLAW 27442 (HP)

LALIT KUMAR SHARMA v. PREETI SINGH

COPC/945/2024 · 2025-01-06

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:853 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPC No.945 of 2024 in CWP No.2082 of 2024 Decided on: 06.01.2025 Lalit Kumar Sharma … Petitioner Versus Preeti Singh … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner: Mr. Vinod Chauhan, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this Contempt Petition, the petitioner is praying for initiation of contempt proceedings against Principal Registrar of Central Administrative Tribunal, Sector 17-C, Chandigarh, on the ground that the contemnor has committed the contempt of the order passed by Hon’ble Division Bench of this Court, in CWP No.2082 of 2024, titled as Lalit Kumar Sharma Versus Union of India & Others, dated 13.06.2024, in terms thereof, the Writ Petition was disposed of by this Court by issuing a direction to the learned Tribunal to decide the Original Application pending before it within a period of three months from the date of receipt of the copy thereof after hearing the parties. 2. Learned counsel for the petitioner submits that till date learned Tribunal has not passed appropriate orders despite the fact that the order of this Court was brought to the notice of learned Tribunal. 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:853 3. This Court is of the considered view that the Contempt Petition is completely misconceived. If learned Tribunal has not adjudicated the case within the time granted by Hon’ble Division Bench, then the petitioner can always invoke the jurisdiction of this Court under Article 226 read with Article 227 thereof, informing the Court of the same. However, it is not understood as to how a contempt case is made out and that too, against the Principal Registrar of the Central Administrative Tribunal, who has no adjudicatory role to play in the compliance of the judgment of Hon’ble Division Bench. It is not the allegation of the petitioner that the respondent- contemnor is sitting over the file and is not listing the same in the Court with some ulterior motive. 4. That being the case, as this Court is of the considered view that filing of this petition is nothing, but abuse of the process of law, this petition is dismissed with cost of Rs.1000/- to be deposited with Himachal Pradesh High Court Bar Association Welfare Fund within two weeks. Pending miscellaneous applications, if any, also stand disposed of accordingly. 5. After the order was dictated, learned counsel for the prays that the petitioner may be allowed to withdrew the petition. As the order already stands dictated, the request is declined. (Ajay Mohan Goel) Judge January 06, 2025 (Rishi)