MANTOSH KUMAR v. KAMAL KISHAR IAS, SECRETARY FOREST(PB.)
COCP/3831/2026 · 2026-08-13
Deepak Gupta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35958 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35958 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 112 COCP-3831-2026 Date of Decision:13.08.2026 Mantosh Kumar
…..Pe--oner Vs. Kamal Kishor IAS, Secretary Forests (Pb.)
.….Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Harsh Kumar, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) Peoner seeks iniaon of contempt proceedings against the respondent under the provisions of Arcle 215 and 226/227 of the Constuon of India read with Secons 10 and 12 of the Contempt of Courts Act, 1971 for wilful and deliberate disobedience of the order dated 27.02.2018 passed by this Court in CWP No.4624 of 2018 (Annexure P-1), which reads as under:
“Noce of moon for 15.05.2018. In the meanme, respondent No.4 is directed to release the withheld salary of the peoners immediately.” Therea6er, another order dated 01.06.2018 was passed in the aforesaid CWP while disposing of CM-7689-90-CWP-2018 which reads as under:
“Heard. The operaon and effect of order dated 28.02.2018 (Annexure P- 5) shall remain stayed ll the disposal of CWP-4187-2017 tled as Ankita Gupta and another Vs. State of Punjab reflected in para No.30 of Annexure P-1. Accordingly the remaining salary, if any, be paid to the peoners in the meanme. CMs stand disposed of accordingly.” Against the aforesaid order dated 01.06.2018, the State of Punjab filed LPA No.998 of 2018 which was disposed of vide order dated 20.03.2026 (Annexure P-2), as per which since CWP-4187-2018 had been NEETIKA TUTEJA 2026.08.13 17:32 I attest to the accuracy and integrity of this document
COCP-3831-2026 -2- decided on 11.09.2024, therefore the LPA stood disposed of having been rendered infructuous. The final order dated 11.09.2024 passed in CWP No.4187 of 2018 (Annexure P-2) reads as under:
“1. In the present writ peon, the challenge is made to the Punjab Ad hoc, Contractual, Daily Wage, Temporary, Work Charged and Outsourced Employees Welfare Act, 2016 (Punjab Act No.55 of 2016). The said challenge is banked upon the factum that the statutory provisions embodied therein, thus, are in palpable contravenon of the verdict rendered by the Apex Court in case tled as Secretary, State Of Karnataka vs Umadevi And Others, AIR 2006 SUPREME COURT 1806. However, since in the reply on affidavit dated 11.11.2022 furnished by the State of Punjab, as sworn by Rajat Agarwal, IAS, Secretary to Government of Punjab, Department of Personnel, it has been recorded that the apposite repealing bill, is awaing the accordings of Governor’s assent and that the said made assent to the apposite repealing bill as passed by the State Legislature concerned is likely to be received. 2.
In the wake of the said fact, the instant peon become rendered infructuous and is disposed of as such.” In view of the aforesaid factual aspect, it is clear that the concerned apposite repealing bill was waing the approval of the Governor’s assent and the assent to the apposite repealing bill as passed by the State Legislature was likely to be received. Thus, no enforceable
order has been passed by this Court while finally disposing of the CWP No.4187 of 2017 vide Annexure P-2. Interim orders dated 27.02.2018 and 01.06.2018, reproduced above, stands merged in final order dated 11.09.2024 (Annexure P-2). As such, no case is made out for iniang the contempt proceedings. Dismissed.
(DEEPAK GUPTA) JUDGE August 13, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No NEETIKA TUTEJA 2026.08.13 17:32 I attest to the accuracy and integrity of this document