COPC/248/2019 on 31 December 2019

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

COPC No.248 of 2019 Decided on 31.12.2019 __________________________________________________________________ Budhi Singh

……Petitioner

Versus

JagdishChander Sharma and Ors. …..Respondents __________________________________________________________________

Coram:

Hon’ble Mr. Justice Sandeep Sharma, Judge Whether approved for reporting? 1 For the petitioner : Mr. P.P. Chauhan, Advocate.

For the respondents : Mr. Sudhir Bhatnagar and Mr. Anil Jaswal, Additional Advocates General. __________________________________________________________________ Sandeep Sharma, Judge (oral):

By way of present contempt petition filed under Section 12 of the Contempt of Courts Act, 1971, prayer has been made on behalf of the petitioner for initiation of contempt proceedings against the respondents for having willfully and intentionally disobeyed the directions contained in judgment dated 30.8.2019, passed by the Division Bench of this Court in CWP No. 2090/2019 titled Budhi Singh v. State of HP and Ors, whereby court while issuing notices in the application for stay having been filed by the petitioner ordered that “in the meantime, there will be an interim stay of recovery.”

2. Reply to the petition having been filed by the respondents clearly reveals that respondents have not made any recovery after 1 Whether the reporters of the local papers may be allowed to see the judgment? High Court of H.P. 2019:HHC:11456 ::: Downloaded on - 02/11/2026 06:38:15 :::CIS

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passing of interim direction passed by the Division Bench of this Court. Careful perusal of Annexure R1/III placed on record alongwith aforesaid reply clearly reveals that last recovery amounting to Rs. 49,752/- was effected from the pension of the petitioner on 21.8.2019, whereas interim order staying the recovery came to be passed on 30.8.2019. Since no recovery has been effected in terms of Annexure R/1 and R/III annexed with the petition after passing of order dated 13.8.2019, there is no merit in the present petition and accordingly same is dismissed. Notices issued to respondents are discharged at this stage.

31st December, 2019

(Sandeep Sharma), manjit

Judge High Court of H.P. 2019:HHC:11456 ::: Downloaded on - 02/11/2026 06:38:15 :::CIS