COPCT/112/2019 of SUMAN JYOTI Vs KAMLESH KUMAR PANT on 31 December 2019

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 willfuldisobedience of order dated 11.08.2016, passed by the learned erstwhileHimachal Pradesh Administrative Tribunal in O.A. No. 3082 of 2016,titled as Suman Jyoti Vs. State of H.P. and another, which stood disposedof by the learned Tribunal in the following terms:

“7. In view of the above, the originalapplication is disposed of in terms of theaforementioned judgment in LPA No. 105/2010

and the connected matters, with a direction to therespondents/competent authority that subject tothe above verification and on finding the applicantto be similarly situate as above, benefit of the saidjudgment, if the same has attained finality andimplemented, shall also be extended to heralongwith consequential benefits, if any, as perlaw, without any discrimination, within threemonths from the date of production of certified copyof this order alongwith copy of he aforesaidjudgment by the applicant.”

2. Learned Senior Counsel for the petitioner submits thatdespite the fact that said order was passed by the learned Tribunal on11.8.2016, till date the same has not been implemented despite manyreminders made to the respondent by way of representations by thepetitioner.

3. Be that as it may, at this stage, learned AdditionalAdvocate General submits that in case the order dated 11.08.2016,passed by the learned Tribunal has not been implemented till date, thenthe needful shall be done within some reasonable time.

4.

4. Taking on record his statement, this petition isdisposed of with the direction that in case the order passed by thelearned Tribunal has not been implemented till date, then the same shall positively be implemented on or before 15[th] February, 2020.Miscellaneous applications, if any, stand disposed of.

5. At this stage, it is pertinent to mention that alongwiththis petition, there are certain documents appended by the petitioner,which are completely illegible. An application has also been filed underSection 151 of the Code of Civil Procedure for exemption from filinglegible copies of said documents.

6. Registry is hereby directed not to entertain anyapplication, be it under Section 151 of the Code of Civil Procedure orunder Section 482 of the Code of Criminal Procedure for exempting aparty from filing legible copies of the documents appended by it. Suchexemption can only be with regard to documents, which may be invernacular etc., but the same cannot extend to the documents which aretotally illegible.

7. Learned Registrar General is directed to have the copyof this order circulated to the Registry of this Court and also bring thisorder to the notice of learned President of the Himachal Pradesh HighCourt Bar Association, so that learned Members of the Bar can berequested to file legible/typed copies of illegible documents.

December 31, 2019 (bhupender)

(Ajay Mohan Goel) Judge