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High Court of Punjab and HaryanaCACP/16/2016allowed

M.L. Kaushik v. Beena Aggarwal & ANR

2016-05-27Mr. Justice S.J. Vazifdar,Mrs Justice Daya Chaudhary2 pages

CM-11425-CII-2016 in/and CACP-16-2016 (O&M) -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CM-11425-CII-2016 in/and CACP-16-2016 (O&M) Date of decision: 27.05.2016 M.L. Kaushik ..... Appellant

Versus

Mrs. Beena Aggarwal and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE T.P.S. MANN HON'BLE MR. JUSTICE RAMENDRA JAIN PRESENT: Mr. Birender Singh Rana, Senior Advocate with Mr. Gagandeep Rana, Advocate for the applicant-appellant.

Mr. Bhupinder Malik, Advocate for Mr. Samrat Malik, Advocate for respondents No. 1 and 2.

T.P.S. MANN, J. (ORAL) CM-11425-CII-2016 For the reasons stated therein, the application is allowed. Short affidavit of respondent No. 1 on behalf of respondents No. 1 and 2 is taken on record.

CACP-16-2016 (O&M) Order dated 21.04.2016, passed by the Contempt Bench, in holding the appellant guilty of contempt and requiring his presence to hear him on the quantum of punishment stands challenged before this RISHU KATARIA 2016.05.31 10:56 I attest to the accuracy and authenticity of this document

CM-11425-CII-2016 in/and CACP-16-2016 (O&M) -2Bench.

The aforementioned order was passed by the learned Single Judge as the appellant did not comply with the order of the Hon'ble Supreme Court passed on 21.04.2015 directing the State to take immediate steps to adjust respondents No. 1 and 2 against suitable posts within or outside the district where they were earlier working. Upon notice, respondents No. 1 and 2 have put in appearance through their counsel who states that the judgment of the Hon'ble Supreme Court stands complied with.

Once the judgment of the Hon'ble Supreme Court has been complied with, though belatedly, the impugned order holding the appellant guilty of contempt needs to be set side. Resultantly, the appeal is accepted and the impugned order dated 21.04.2016 passed by the learned Single Judge, in holding the appellant guilty of contempt is set aside.

( T.P.S. MANN ) JUDGE May 27, 2016 ( RAMENDRA JAIN ) rishu JUDGE RISHU KATARIA 2016.05.31 10:56 I attest to the accuracy and authenticity of this document