CORAM : HON'BLE MR. JUSTiCE RAKESH KUMAR GARG Vs. Mohinder Bhatia ....Petitioner - Court Judgment

SooperKanoon Citationsooperkanoon.com/1072468
CourtPunjab and Haryana High Court
Decided OnFeb-15-2013
AppellantCORAM : HON'BLE MR. JUSTiCE RAKESH KUMAR GARG
RespondentMohinder Bhatia ....Petitioner
Excerpt:
in the high court of punjab and haryana at chandigarh c.m.no.555-cii of 2013 in cocp no.414 of 2012 date of decision:15.02.2013 mohinder bhatia ....petitioner versus sh.d.k.tiwari ....respondent coram : hon'ble mr.justice rakesh kumar garg present: mr.r.k.arora, advocate, for the petitioner. mr.sanjay kaushal, sr.standing counsel with ms.nimrata shergill, advocate, for the respondent. *** rakesh kumar garg, j (oral) ms.gurpreet kaur sapra, director higher education, chandigarh administration, is present in the court. an affidavit has been filed on her behalf in the court and the same is taken on record. as per the aforesaid affidavit, compliance of the order dated 30.8.2012 passed by this court has been made. para nos.4 and 5 of the aforesaid affidavit reads thus:- “that the principal, dav college-10 resubmitted the case for verification of pay fixations after doing the necessary corrections, vide letter dated 15.10.12 which was sent to the a.c.(f&a) on 19.10.12. file was received back from the a.c.(f&a) on 7.12.12 after verification of pay fixations and the same was forwarded to the college on 21.12.12. that the college authorities sent the case to the managing committee, new delhi for their approval. after getting the approval the college has disbursed and credited the salary arrears c.m.no.555-cii of 2013 in cocp no.414 of 2012 -2- amounting to rs.1,97,189 and rs.5,437 vide cheque nos.020717 and 020718 in respect of sh. mohinder bhatia. a copy of letter dated 4.2.13 alongwith copy of cheques is attached with this affidavit as annexure -a/1.” it may further be noticed that an unconditional apology has been tendered for non-appearance of the respondent before this court on 7.2.2013. in view of the fact that compliance of the order dated 30.8.2012 has been made and further apology has been tendered for non-appearance. no further action is required in this contempt petition at this stage. however, counsel for the petitioner states that pensionary benefits or refixation of pay of the petitioner have not been released till date. let the needful be done within two months from today. the petitioner shall be entitled to move necessary application, if needful is not done as above. c.m stands dismissed. february 15, 2013 (rakesh kumar garg) savita judge
Judgment:

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.M.No.555-CII of 2013 in COCP No.414 of 2012 Date of decision:15.02.2013 Mohinder Bhatia ....Petitioner Versus Sh.D.K.Tiwari ....Respondent CORAM : HON'BLE Mr.JUSTICE RAKESH KUMAR GARG Present: Mr.R.K.Arora, Advocate, for the petitioner.

Mr.Sanjay Kaushal, Sr.Standing Counsel with Ms.Nimrata Shergill, Advocate, for the respondent.

*** RAKESH KUMAR GARG, J (ORAL) Ms.Gurpreet Kaur Sapra, Director Higher Education, Chandigarh Administration, is present in the Court.

An affidavit has been filed on her behalf in the Court and the same is taken on record.

As per the aforesaid affidavit, compliance of the order dated 30.8.2012 passed by this Court has been made.

Para Nos.4 and 5 of the aforesaid affidavit reads thus:- “That the Principal, DAV College-10 resubmitted the case for verification of pay fixations after doing the necessary corrections, vide letter dated 15.10.12 which was sent to the A.C.(F&A) on 19.10.12.

File was received back from the A.C.(F&A) on 7.12.12 after verification of pay fixations and the same was forwarded to the college on 21.12.12.

That the college authorities sent the case to the Managing Committee, New Delhi for their approval.

After getting the approval the college has disbursed and credited the salary arrears C.M.No.555-CII of 2013 in COCP No.414 of 2012 -2- amounting to Rs.1,97,189 and Rs.5,437 vide cheque Nos.020717 and 020718 in respect of Sh.

Mohinder Bhatia.

A copy of letter dated 4.2.13 alongwith copy of cheques is attached with this affidavit as Annexure -A/1.”

It may further be noticed that an unconditional apology has been tendered for non-appearance of the respondent before this Court on 7.2.2013.

In view of the fact that compliance of the order dated 30.8.2012 has been made and further apology has been tendered for non-appearance.

No further action is required in this contempt petition at this stage.

However, counsel for the petitioner states that pensionary benefits or refixation of pay of the petitioner have not been released till date.

Let the needful be done within two months from today.

The petitioner shall be entitled to move necessary application, if needful is not done as above.

C.M stands dismissed.

February 15, 2013 (RAKESH KUMAR GARG) savita JUDGE