Himachal Pradesh High Court
COPCT/112/2019 on 31 December 2019
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA COPCT No.: 112 of 2019 Date of Decision: 31.12.2019 ______________________________________________________________________ Ms. Suman Jyoti ….Petitioner. Vs. Sh. Kamlesh Kumar Pant …..Respondent.
Coram:
The Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 No. For the petitioner: Mr. R.K. Gautam, Senior Advocate, with Mr. Atul Verma, Advocate. For the respondent: M/s Sumesh Raj & Dinesh Thakur, Additional Advocate Generals, with Mr. Sunny Dhatwalia, Assistant Advocate General.
Ajay Mohan Goel, Judge (Oral):
By way of this petition, the petitioner alleges willful disobedience of order dated 11.08.2016, passed by the learned erstwhile Himachal Pradesh Administrative Tribunal in O.A. No. 3082 of 2016, titled as Suman Jyoti Vs. State of H.P. and another, which stood disposed of by the learned Tribunal in the following terms: “7. In view of the above, the original application is disposed of in terms of the aforementioned judgment in LPA No. 105/2010 1Whether the reporters of the local papers may be allowed to see the Judgment?
and the connected matters, with a direction to the respondents/competent authority that subject to the above verification and on finding the applicant to be similarly situate as above, benefit of the said judgment, if the same has attained finality and implemented, shall also be extended to her alongwith consequential benefits, if any, as per law, without any discrimination, within three months from the date of production of certified copy of this order alongwith copy of he aforesaid judgment by the applicant.”
2. Learned Senior Counsel for the petitioner submits that despite the fact that said order was passed by the learned Tribunal on 11.8.2016, till date the same has not been implemented despite many reminders made to the respondent by way of representations by the petitioner.
3. Be that as it may, at this stage, learned Additional Advocate General submits that in case the order dated 11.08.2016, passed by the learned Tribunal has not been implemented till date, then the needful shall be done within some reasonable time.
4. Taking on record his statement, this petition is disposed of with the direction that in case the order passed by the learned Tribunal has not been implemented till date, then the same shall positively be implemented on or before 15th February, 2020. Miscellaneous applications, if any, stand disposed of.
5. At this stage, it is pertinent to mention that alongwith this petition, there are certain documents appended by the petitioner, which are completely illegible. An application has also been filed under Section 151 of the Code of Civil Procedure for exemption from filing legible copies of said documents.
6. Registry is hereby directed not to entertain any application, be it under Section 151 of the Code of Civil Procedure or under Section 482 of the Code of Criminal Procedure for exempting a party from filing legible copies of the documents appended by it. Such exemption can only be with regard to documents, which may be in vernacular etc., but the same cannot extend to the documents which are totally illegible.
7. Learned Registrar General is directed to have the copy of this order circulated to the Registry of this Court and also bring this order to the notice of learned President of the Himachal Pradesh High Court Bar Association, so that learned Members of the Bar can be requested to file legible/typed copies of illegible documents.
(Ajay Mohan Goel)
Judge December 31, 2019 (bhupender)