Secretary Education skips the presence: HC directs CS to assist contempt


Himachal Pradesh High Court today hammered down the State officers who are skipping Court presence without seeking exemption to do so, as the Court issued direction in a matter today to the State chief secretary assisting the Court to initiate contempt against disarrayed. A Division Bench comprising Chief Justice Mansoor Ahmad Mir and Justice Tarlok Singh Chauhan passed these orders on a contempt Petition filed by Pratibha Kaushi.


The H.P. High Court today directed the Chief Secretary to the Government of Himachal Pradesh to ensure that all those officers, who have been arrayed as party-respondent in the contempt petitions or who have to remain present before the court in the cases, have to seek exemption/permission from the Court before leaving for outside the State. The court also made it clear that any deviation shall be viewed seriously.


The petitioner has alleged in the petition that her pensionary benefits has not been released by the Education Department even though the High Court had directed the respondents to release pensionary benefits along with the interest of nine percent within eight weeks vide order dated Sep 24, 2014., but when her pensionary benefits were released by the Education Department she preferred a contempt petition before the High Court. The court was pleased to direct the respondent to comply with the judgment dated 24.09.2014 within the period of six weeks. Despite the said direction the orders of the Court has not been complied by the department till date.


Thereafter, the petitioner filled the present contempt petition before the Court. On previous date the Court had directed R.D. Dhiman, Secretary, (Education) to the Government of Himachal Pradesh to appear in person before the court on Oct 4, 2016. But the said respondent was not present before the court on said date for the reason that he was out of station. During hearing of the petition the court expressed wonder that how he has gone outside the state without seeking exemption/permission of the court. It was expression of the court that the officers of the state are either at Delhi or going abroad for tours/trainings and are not present before the Court on the date fixed.

The matter will now be listed before the court on 21stNovember, 2016 for further hearing.

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ML Verma is a Senior journalist, with more than a decade of experience of active reporting for electronic media, news agencies and fast paced online media.

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