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2026 DAILYLAW 2321 (HP)

NEELAMA DEVI v. THE STATE OF HP AND OTHERS

CWP/2875/2026 · 2026-03-18

Jyotsna Rewal Dua

body2026

Judgment text

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2875 of 2026 Decided on: 18th March, 2026 ------------------------------------------------------------------------------------- Neelama Devi …..Petitioner Versus State of H.P. and others .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Jeevan Kumar, Advocate. For the Respondents: Mr. Vishwadeep Sharma, Additional Advocate General, for respondents No.1 to 9. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge This writ petition has been filed for the grant of following substantive prayers:- “i. Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing and setting aside the impugned order dated 31.01.2026 (Annexure P-22) passed by Respondent No.4, whereby a fresh/third inquiry has been ordered into the developmental works already covered by the Regular Inquiry Report dated 28.11.2025. ii. Issue a Writ of Mandamus directing the official respondents to act upon the Regular Inquiry Report dated 28.11.2025 (Annexure P-18) and take the same to its logical conclusion by initiating immediate recovery and disciplinary proceedings against Respondent Nos.10 & 11 in accordance with the law. iii. Issue a Writ of Mandamus directing Respondent No.8 (SP Chamba) to ensure a fair and time-bound 1Whether reporters of print and electronic media may be allowed to see the order? Yes. 2 investigation in FIR No.188/2024 and put up the final report/challan before the jurisdictional criminal Court for Trial.” 2. This petition was taken up on 12.03.2026, when following order was passed:- “Notice confined to respondents No. 1 to 9 which is waived by Ms. Menka Raj Chauhan, learned Deputy Advocate General. Let learned Deputy Advocate General to have instructions in the matter with respect to competence of concerned authority/Additional Deputy Commissioner in issuing Annexure P-22 dated 31.01.2026 seeking additional information w.r.t. the inquiry report furnished by the SubDivisional Officer (Civil), Chamba, District Chamba, H.P. when based upon the inquiry report, the Deputy Commissioner has already issued show cause notice to concerned persons on 09.12.2025 (Annexure P-20). List on 13.03.2026.” Pursuant to the directions issued in the above extracted order, learned Deputy Advocate General placed on record office instructions dated 12.03.2026 from the Deputy Commissioner, District Chamba, which were taken note of in the following order passed on 13.03.2026:- “Learned Deputy Advocate General has placed on record office instructions dated 12.03.2026 from the Deputy Commissioner, District Chamba. The office instructions convey that Annexure P-22, dated 31.01.2026, was issued by the Additional Deputy Commissioner, Chamba at the directions of the Deputy Commissioner, Chamba. Let learned Deputy Advocate General to have instructions on petitioner’s submission for restricting the scope of paras 1 & 2 of Annexure P-22 to the three works mentioned in para 2 of the instructions dated 12.03.2026 and also for specifying as to what those three works are. Instructions be also obtained from the concerned quarter with respect to petitioner’s prayer 3 made in relation to FIR No.188 of 2024. Instructions be placed on record on the next date of hearing. List on 18.03.2026.” 3. In compliance to the further directions issued in order dated 13.03.2026, learned Additional Advocate General has placed on record fresh instructions dated 16.03.2026 from the Deputy Commissioner, District Chamba. Based upon the fresh instructions, learned Additional Advocate General submits that paras 1 & 2 Annexure P-22, dated 31.01.2026, be treated to have been restricted only to following three works:- “I. C/O Kulh (200 Mtr) from Mohal Panihar to Mohal, Allegation No.I as per the enquiry report annexed as Annexure P-18 by the petitioner; II. RHT Rajinder S/o Sh. Chatar Singh Tank, under IWMP- XIII Batch 4th, Allegation No.3 as per the enquiry report annexed as Annexure P-18 by the petitioner; and III. Kuhal Chhabru Land of Sh. Shakti Prasad, under IWMP-XIII Batch 4th, Alleggation No.4 as per the enquiry report annexed as Annexure P-18 by the petitioner.” The respondents have also placed on record status report in relation to FIR No.188 of 2024, dated 24.06.2024, registered under Sections 420, 465, 467, 468, 471, 409 & 120-B of the Indian Penal Code at Police Station Sadar, Chamba. In terms of the status report, investigation in the FIR is in progress. 4. Learned counsel for the petitioner submitted that the petitioner would have no grievance in case paras 1 4 & 2 of Annexure P-22, dated 31.01.2026, issued by the Additional Deputy Commissioner, Chamba are confined only to the three works extracted above. Further submission was made to reserve liberty to the petitioner to seek appropriate remedy at an appropriate stage in relation to progress of investigation in the FIR in question, in case necessity so arises in future. 5. Taking note of the office instructions placed on record by the respondents on 12.03.2026 & 16.03.2026, in view of the submission made by learned Additional Advocate General that paras 1 & 2 of Annexure P-22, dated 31.01.2026, issued by the Additional Deputy Commissioner, District Chamba shall be restricted only to the three works (extracted above) and the submissions made by learned counsel for the petitioner, this writ petition to stand disposed of. Petitioner shall, however, be at liberty to seek appropriate remedy for the redressal of his grievance in relation to progress of investigation in the FIR in question at an appropriate stage in accordance with law, in case necessity so arises in future. Pending miscellaneous application(s), if any, also stand disposed of. Jyotsna Rewal Dua March 18, 2026 Judge Mukesh