Himachal Pradesh High Court
COPCT/799/2020 on 30 December 2021
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 30th DAY OF DECEMBER, 2021
BEFORE
HON’BLE MR. JUSTICE TARLOK SINGH CHAUHAN
CIVIL ORIGINAL PETITION CONTEMPT (T) NO. 799 OF 2020
Between:-
MADAN SWROOP SON OF SH.
KHAYALI RAM, RESIDENT OF
VILLAGE BANOG, P.O. TIMBER,
TEHSIL
RAJGARH,
DISTT.
SIROUR, H.P.
...PETITIONER
(BY SH. ABHYENDER GUPTA &
MS. BABITA, ADVOCATES)
AND
DR.
ASHWANI
SHARMA,
EXECUTIVE
DIRECTOR
(PERSONNEL) HPSEBL WITH
HEADQUARTERS
AT
KUMAR
HOUSE, SHIMLA-4.
...RESPONDENT
(MS.
RUMA
KAUSHIK,
ADVOCATE).
This Petition coming on for orders on this day, the Court passed the following:-
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O R D E R
By medium of this petition, the petitioner initiated contempt proceedings against the alleged violation of the order dated 14.12.2017 passed in O. A. No. 7125 of 2016, titled as Madan Swroop vs. HPSEB Ltd.
2. Now adverting to the judgment rendered in Madan Singh's case (supra), it would be noticed that the petitioner High Court of H.P. 2021:HHC:15508 ::: Downloaded on - 01/11/2026 15:07:20 :::CIS
2 therein had approached the Court for claiming the benefits on the line of OA No. 1304 of 2015, titled as Nanak Chand and others vs. HPSEB Ltd. and another, decided on 24.09.2015, on the pretext that the said order had attained finality, whereas the said order was assailed before this Court by filing CWP No. 2398 of 2016, titled as HPSEB Ltd vs. Nanak Chand and others.
3. No doubt, the writ filed by the HPSEB Ltd. was initially dismissed vide judgment dated 04.09.2017, however, thereafter the HPSEB Ltd. has filed a review petition No. 34 of 2018 and the same was allowed vide judgment dated 16.07.2021 and accordingly the order dated 04.09.2017 was reviewed and recalled and the writ petition was ordered to be restored.
4. In such circumstances, obviously, when the issue in question is still at large and the judgment rendered by the learned Tribunal in OA No. 1304 of 2015, titled as Nanak Chand vs. HPSEB Ltd. has not attained finality, therefore, this contempt petition is clearly misconceived at this stage and is accordingly dismissed.
(Tarlok Singh Chauhan), Judge 30th December, 2021 (Sanjeev) High Court of H.P. 2021:HHC:15508 ::: Downloaded on - 01/11/2026 15:07:20 :::CIS