Surinder Lal v. Dr. Gurdev Singh, Director of Horticulture, H.P., Chotta Shimla, Shimla

The Hon(cid:146)ble Mr. Justice Kurian Joseph, Chief Justice. The Hon(cid:146)ble Mr. Justice Rajiv Sharma, Judge. For the petitioner. Mr. P.P. Chauhan, Advocate. : For the respondent. : Mr. R.K. Bawa, Advocate General with Mr. Ankush Dass Sood, Addl. A.G. and Mr. J.K. Verma, Deputy Advocate General. ------------------------------------------------------------------------------------------ Justice Kurian Joseph, C.J. (Oral): The petitioner before the Tribunal in O.A. No. 627 of 1992, is the petitioner in this Contempt Petition. The order passed by the Tribunal dated 30th December, 2004 was challenged by the State before this Court. This Court vide judgment dated 23rd December, 2009 in C.W.P. No. 743 of 2005 dismissed the writ petition, virtually upholding the order dated 30th December, 2004, passed by the Tribunal. No doubt, there are certain observations in the judgment. The complaint is that no action is taken in terms of the observations in the judgment. That cannot be subject matter of contempt proceedings since the petitioner cannot 2 travel beyond the relief granted to him in the Original Application before the Tribunal. Petitioner has to work out further grievances in terms of the observations judgment or otherwise in appropriate proceedings, since this Court in contempt jurisdiction cannot go into those aspects and grant substantial relief. In that view of the matter, the Contempt Petition is dismissed, without prejudice to liberty to the petitioner to pursue his grievances in appropriate proceedings. Pending application(s), if any, also stands disposed of. (Justice Kurian Joseph), Chief Justice. (Justice Rajiv Sharma), Judge. December 16, 2011. (bhupender/kalpana)