IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 10.09.2010 COCP No.1778 of 2010 (O&M) Mrs. Sandeepika Malhotra ...Petitioner Versus S.C.Aggarwal and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. Naresh Ghai, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral) The petitioner, who is physically handicapped has filed the present contempt petition on the basis of the directions issued by a Division Bench of this Court on 17.12.1997, for filling up the vacant posts meant for Physically Handicapped candidates in the various Departments of State Government. Subsequently, on 29.08.2001 in a contempt petition, the then learned Chief Secretary filed an affidavit that efforts are being taken for the implementation of the directions. Still further, in a subsequent affidavit by the then learned Chief Secretary filed on 15.03.2002, it was pointed out that the college cadre strength is 2030, out of which 05 vacancies are reserved for Blind, Hearing Impaired and Physically Handicapped, but only 3 have been filled up. It is pointed out in a subsequent affidavit dated 28.07.2003 filed by the then Chief Secretary, no post of College Lecturer was shown to be available. It is contended that two posts remain unfilled as per affidavit dated 15.03.2002, but has wrongly shown not filled up in the subsequent affidavit by the Chief Secretary on 28.07.2003. As per the petitioner, such COCP No.1778 of 2010 (O&M) affidavit is incorrect and two posts are available. The question, whether the posts are available or not, cannot be examined in a contempt petition, as such question requires determination of factual aspects. In view of the above, I do not find that any case for initiation of contempt proceeds is made out. Consequently, the instant petition is dismissed. However, it shall be open to the petitioner to establish her right in appropriate proceedings in accordance with law. 10.09.2010 (HEMANT GUPTA) Vimal JUDGE 2