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2026 DAILYLAW 29669 (PNJ)

SHUBHAM GARG v. STATE OF HARYANA AND OTHERS

COCP/3185/2026 · 2026-07-15

Deepak Gupta

body2026

Judgment text

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COCP-3185-2026 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-3185-2026 Date of decision: 15.07.2026 Shubham Garg ...Pe%%oner Versus Anurag Rastogi, Chief Secretary, Haryana and another ...Respondents CORAM: HON'BLE MR. JUSTICE DEEPAK GUPTA Present: Mr. Shubham Bhardwaj, Advocate for the pe%%oner. **** DEEPAK GUPTA, J. (ORAL) The present pe%%on has been filed under Sec%ons 11 and 12 read with Sec%on 2(b) of the Contempt of Courts Act, 1971, alleging wilful and deliberate disobedience of the order dated 23.02.2026 (Annexure P-3) passed by this Court in CWP No.1109 of 2026 %tled Shubham Garg vs. State of Haryana and others. 2. The opera%ve part of the order dated 23.02.2026 reads as under:- "Accordingly, the order dated 19.01.2026 is hereby recalled and shall now read as under: The jurisdic%on of this Court has been invoked under Ar%cles 226/227 of the Cons%tu%on of India for quashing the impugned ac%on of the respondents in not adjus%ng the pe%%oner against the vacant post as per policy decision of the respondent-department. Learned counsel for the pe%%oner submits that the issue involved in the present pe%%on already stands adjudicated by this Court vide order dated 24.12.2025 passed in CWP-7437-2025 %tled as Renu and others vs. State of Haryana and others. Mr. Deepak Balyan, Addl. A.G., Haryana, having been served with an advance copy of the pe%%on, accepts no%ce on behalf of the respondent-State and undertakes that the impugned relieving order by which the service of the pe%%oner was dispensed with, shall be YOGESH MEHTA 2026.07.16 16:20 I attest to the accuracy and integrity of this document COCP-3185-2026 [2] withdrawn and he will be allowed to con%nue %ll a fresh decision is taken. It has further been stated that the State shall undertake a fresh considera%on of the ma8er by examining the case of each pe%%oner independently and shall pass appropriate orders in accordance with law. In light of the above, the present writ pe%%on is disposed of in terms of the order dated 24.12.2025 passed in Renu and others (supra), as the controversy involved herein is squarely covered by the said decision. Accordingly, the respondents are directed to extend the same benefits to the pe%%oner, as admissible under law, within a period of four weeks from the date of receipt of cer%fied copy of this order." 3. No%ce of mo%on issued. 4. Mr. Tarun Aggarwal, learned Addi%onal Advocate General, Haryana, accepts no%ce on behalf of the respondent-State and has placed on record an order dated 08.04.2026 passed by the Director General, AYUSH, Haryana. It has been submi@ed that, in compliance with the direc%ons issued by this Court, the ma@er was reconsidered and, upon independent examina%on of the pe%%oner's claim, it was found that the pe%%oner was not en%tled to the relief claimed under the applicable Rules. Consequently, the claim has been rejected by a reasoned order. 5. Learned counsel for the pe%%oner contends that the order dated 23.02.2026 unequivocally directed the respondents to extend to the pe%%oner the same benefits as had been granted in Renu and others (supra), and, therefore, rejec%on of the pe%%oner's claim amounts to deliberate and wilful disobedience of the direc%ons issued by this Court. 6. The conten%on does not merit any acceptance. A careful reading of the order dated 23.02.2026 leaves no manner of doubt that the direc%on issued by this Court cannot be read in isola%on. The order records the specific undertaking given on behalf of the State that the case of the pe%%oner would be reconsidered afresh by examining his case YOGESH MEHTA 2026.07.16 16:20 I attest to the accuracy and integrity of this document COCP-3185-2026 [3] independently and that an appropriate order would be passed in accordance with law. The subsequent direc%on to extend the benefits "as admissible under law" is necessarily qualified by the outcome of such fresh considera%on. Therefore, the order did not mandate automa%c grant of relief to the pe%%oner irrespec%ve of his eligibility under the applicable Rules. 7. Pursuant to the aforesaid direc%ons, the competent authority has passed a fresh order dated 08.04.2026 aFer reconsidering the ma@er and has recorded reasons for holding that the pe%%oner's claim is not maintainable. Whether such conclusion is legally sustainable or otherwise falls within the realm of judicial review and cannot be examined in contempt proceedings. 8. It is well se@led that contempt jurisdic%on is intended to ensure compliance with judicial orders and not to adjudicate upon the correctness or legality of an order passed in purported compliance thereof. Once the authority has considered the ma@er afresh and passed a speaking order in terms of the direc%ons issued by the Court, the correctness of such decision cannot be gone into while exercising contempt jurisdic%on. Unless the pe%%oner establishes deliberate and wilful disobedience of the order of the Court, no case for ini%a%ng proceedings under the Contempt of Courts Act is made out. 9. In the present case, this Court is sa%sfied that the respondents have complied with the direc%on requiring fresh considera%on of the pe%%oner's case and have taken a decision thereon by passing the order dated 08.04.2026. Merely because the decision has gone against the pe%%oner would not, by itself, cons%tute civil contempt within the meaning of Sec%on 2(b) of the Contempt of Courts Act, 1971. YOGESH MEHTA 2026.07.16 16:20 I attest to the accuracy and integrity of this document COCP-3185-2026 [4] 10. Consequently, finding no wilful or deliberate disobedience of the order dated 23.02.2026 (Annexure P-3), the present contempt pe%%on is disposed of. 11. It is, however, clarified that if the pe%%oner is aggrieved by the order dated 08.04.2026 passed by the competent authority, he shall be at liberty to challenge the same before the appropriate forum in accordance with law. No opinion is expressed on the merits of the said order. 15.07.2026 (DEEPAK GUPTA) Yogesh JUDGE Whether speaking/reasoned:- Yes/No Whether reportable:- Yes/No YOGESH MEHTA 2026.07.16 16:20 I attest to the accuracy and integrity of this document