IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
C.O.C.P. No. 525 of 2008
Date of Decision : February 19, 2009
Satbir Singh
....Petitioner
Versus
M.k.Gupta
.....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. Arun Yadav, Advocate for
Mr. S.K.Malik, Advocate
for the petitioner.
Mr. S.K.Hooda, Senior Deputy Advocate General, Haryana,
for the respondent.
T.P.S. MANN, J. (Oral)
On 25.1.2001 while disposing of CWP No. 1226 of 2001 filed on
behalf of the petitioner and others, a direction was issued to the concerned
authorities to consider and decide the representation/justice demand notice of
the petitioners therein, dated 10.10.2000 by passing a speaking order within
four months of the receipt of the certified copy of the order. According to the
petitioner, the respondents passed an order dated 5.10.2001, wherein they
undertook that the matter would be considered only after the decision of the
review petition filed in CWP No. 15532 of 1994 titled Jagdeep Singh and
others Vs State of Haryana. The review petition was dismissed by the High
Court on 15.9.2006 and the SLP filed by the respondent stands dismissed.
Despite the same, no final decision has been taken by the respondent on the
representation dated 10.10.2000.
C.O.C.P. No. 525 of 2008 -2-
In his additional affidavit dated 13.2.2009, respondent has stated
that final decision has now been taken on the representation/justice demand
notice dated 10.10.2000 submitted by the petitioner and others by passing a
speaking order dated 3.2.2009, copy of which has been attached with the
additional affidavit as Annexure R-1.
A perusal of the order dated 3.2.2009 (Annexure R-1) would show
that as the claims of the petitioner and others were not in accordance with the
rules, therefore, representation dated 10.10.2000 stood rejected.
In view of the above, it cannot be said that the order dated
25.1.2001 passed by this Court has not been complied with. The delay in
arriving at a final decision on the representation occurred on account of the fact
that the respondent had earlier filed a review application in CWP No. 15532 of
1994 and thereafter filed SLP in the Hon’ble Supreme Court, which was
dismissed on the ground of delay on 8.2.2008.
Resultantly, there is no merit in the contempt petition, which is,
accordingly, dismissed.
However, the petitioner would be at liberty to challenge the
aforementioned order dated 3.2.2009 in accordance with law, if so advised.
( T.P.S. MANN )
February 19, 2009 JUDGE
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