High Court of Punjab and HaryanaCOCP/2453/2015dismissed

Gurcharan Singh v. Gursharan Singh Vasan

2017-04-25Mr. Justice S.P. Bangarh2 pages

Manoj Kumar 2017.04.26 10:14 I attest to the accuracy and integrity of this document COCP No.2453 of 2015 #1#

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH COCP No.2453 of 2015 Date of Order: 25.4.2017 Gurcharan Singh ....Petitioner

Versus

Gursharan Singh Vasan ....Respondent CORAM: HON'BLE MR. JUSTICE JASWANT SINGH

Present:

Mr. Nikhil Anand, Advocate for Mr. Rajeev Anand, Advocate for the petitioner. Mr. Anant Kataria, DAG, Punjab.

JASWANT SINGH, J (ORAL) The petitioner, who was working as Ziledar in the office of Executive Engineer, Mansa Division 1B, Jawaharke, was dismissed from service on being convicted by a Criminal Court under Section 7 of the Prevention of Corruption Act and sentenced to undergo RI for a period of two years. On an appeal having been filed by him, his conviction was set aside and the said decision is alleged to have attained finality, as the State had resolved not to prefer any further appeal as such leading into his acquittal. This Court while disposing of the writ petition bearing CWP No.10859 of 2015 filed by the petitioner has observed as under:

"That being so, and without expressing any opinion on merits, this petition is disposed of with a direction to respondent No.2, to consider and decide the claim of the petitioners, as set

COCP No.2453 of 2015 #2# out in his representations dated 02.02.2015 (Annexure P6) and 14.02.2015 (Annexure P7), strictly in accordance with law, within a period of 3 months from the receipt of certified copy of this order. Though, needless to assert, a comprehensive order shall be passed, assigning reasons in support of the decision arrived at."

The petitioner being of the view that since the contemnors/respondents herein have not complied with the directions aforesaid inspite of lapse of considerable period of time from the aforesaid order of this Court and hence willfully disobeyed the same, has filed this contempt petition under Section 12 of the Contempt of Courts Act, 1971.

Upon notice, learned State counsel points out that in compliance of order passed by this Court, a speaking order dated 24.4.2017 has been passed and services of the petitioner have been reinstated w.e.f 24.3.1999 apart from granting the benefits like Leave Encashment, DCRG, Arrear of Pay Fixation and final payment of GPF and pension thereby rendering the present petition as infructuous.

Learned counsel for the petitioner has not disputed this fact.

Present petition is dismissed as infructuous and rule is discharged.

April 25, 2017 (JASWANT SINGH) manoj JUDGE Whether speaking/reasoned:

Yes/No Whether Reportable : Yes/No