Himachal Pradesh High Court
COPC/1527/2026 on 13 October 2026
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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
COPC No.1527 of 2026 Decided on: 13.10.2026 _______________________________________________________________
Dr. Mukesh Surya.
.... Petitioner Versus
Ashish Singhmar.
.... Respondent
Coram :
Hon’ble Mr. Justice Ranjan Sharma, Judge 1Whether approved for reporting?
For the petitioner : Mr. Paras Dhaulta, Advocate.
For the respondent : Mr. Varun Chandel, Additional Advocate General.
Ranjan Sharma, Judge
Petitioner has invoked contempt jurisdiction of this Court, alleging willful and intentional non-compliance of the orders dated 20.08.2026 [Annexure P-1] passed by the Hon’ble Division Bench of this Court, in LPA No. 491 of 2026, titled as Mukesh Surya vs. State of Himachal Pradesh and Others. The operative part of the order dated 20.08.2026 [Annexure P-1] read as under:
“In such circumstances, in the absence of any representation having been filed by the respondent No.7 or produced before the learned Single Judge, it is submitted that the action of
Whether reporters of Local Papers may be allowed to see the judgment?
respondent No.6 itself was mala-fide. It is, thus, pointed out that the matter was decided on 05.08.2026 by the learned Single Judge, whereas further promotion was made on 19.08.2026 to the post of Professor (Radiology). It is submitted that in view of the subsequent developments, the plea of continuing mala-fides requires consideration. Admitted. In the meanwhile, the operation of the promotion order dated 19.08.2026, shall remain stayed.”
2. Notice in instant proceedings was issued on 29.09.2026. Matter was then listed on 09.10.2026, when this Court, passed the following order: “Sequel to orders dated 29.09.2026, Learned State Counsel has furnished Instructions dated 08.10.2026, as received form Respondent Secretary (Health), indicating that, “no salary or consequential financial benefits, arising from the promotion of Dr. Shika Sood to post of Professor in Radiology have been released till date”.
2. Perusal of Instructions dated 08.10.2026, worsens and aggravates the contempt by the Respondents for the reason, that once the Hon’ble Division Bench of this Court has passed an order on 20.08.2026 [Annexure P-1] “staying the operation of promotion order dated 19.08.2026”, then, action of Respondent in permitting the incumbent Dr. Shikha Sood, to work on the promotional post of Professor (Radiology), prima-facie amounts to over- reaching the orders passed by the Hon’ble Division Bench, as referred to above.
3. Faced with above situation, Learned State Counsel prays for adjournment, so as to seek fresh Instructions from the respondent.
2(i) Matter was again taken up on 12.10.2026, when, Respondent-Secretary Health had furnished the Instructions dated 12.10.2026 to Learned State Counsel, enclosing a copy of the Notification dated 09.10.2026, [Taken on record] that promotion orders of Dr. Shika Sood, who was promoted as Professor vide Notification dated 19.08.2026, have been kept inabeyance till further orders or until further orders to be passed by this Court. The operative part of the Instructions dated 12.10.2026 reads as under:
“Accordingly in compliance to the orders passed by the Hon'ble High Court in LPA No. 491/2026 on 20.08.2026, the promotion orders in respect of Dr. Shikha Sood (Associate Professor, Radiology, IGMC Shimla) promoted as Professor and Dr. Rohit Bhoil (Assistant Professor Radiology, IGMC) promoted as Associate Professor issued vide notification dated 19.08.2026 have been kept in abeyance vide orders dated 09.10.2026 (copy enclosed). Besides necessary directions to the same were already issued to the Principal IGMC Shimla on 08.10.2026
to ensure compliance of the directions of Hon'ble High Court passed in LPA No.491/2016 on 19.08.2026 though as per the order passed by the Hon'ble Court the promotion orders were inoperative. Besides, it is also intimated that IGMC Shimla has fully complied the orders dated 20.08.2026 passed by the Hon'ble High Court as no salary or consequential benefits arising out of promotion orders dated 19.08.2026 have been released to Dr. Shikha Sood and Dr. Rohit Bhoil.”
3. With reference to the above Notification dated 09.10.2026, and the Instructions dated 12.10.2026, Learned Counsel for the petitioner, submits that the orders passed by the Hon'ble Division Bench of this Court on 28.08.2026 [Annexure P-1], stand complied with, and the present proceedings can be given a closure. [Statement taken on record]
4. Considering the matter in the above perspective, this Court closes the present proceedings as the order dated 20.08.2026 [Annexure P-1] passed by the Hon'ble Division Bench stands complied with.
5. In peculiar facts of instant case, as prayed, by Learned Counsel for petitioner, liberty is reserved to seek appropriate redressal, in case, the orders are violated hereinafter, by the Respondents.
6. Notice of contempt is accordingly discharged.
7. In aforesaid terms, instant petition and all the pending miscellaneous application(s), if any, shall stand disposed of.
(Ranjan Sharma)
Judge
October 13, 2026 (Anita)