Rajasthan High Court - Jaipur
Sh. Shelendra Kumar Swarnkar S/O ... vs Mr. Bhaskar A . Sawant on 16 September, 2019
Bench: Mohammad Rafiq, Alok Sharma
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 169/2019
Sh. Shelendra Kumar Swarnkar S/o Shivcharan Swarnkar, Aged
About 28 Years, R/o F-92, Ganesh Nagar, Agra Road, Dausa
(Rajasthan).
----Petitioner
Versus
1. Mr. Bhaskar A . Sawant, Principal Secretary, Education
Department, Govt. Secretariat, Jaipur, Rajasthan.
2. Mr. Nathmal Didel, Director Secondary Education Bikaner.
3. Mr. Bharat Mehta, Deputy Director/ Joint Director
(Secondary Education) Division Udaipur.
4. State Of Rajasthan, Through Its Principal Education
Secretary, Govt. Secretariat, Rajasthan, Jaipur.
----Respondents
For Petitioner(s) : Mr. Nawal Singh Sikarwar For Respondent(s) : Mr. Pushpraj Solanki for Mr. Ganesh Meena, AAG HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment / Order 16/09/2019 The petitioner by this contempt petition submits that the order passed by the court has not been complied with. This court vide order dated 14.07.2017 in the writ petition filed by the petitioner and others directed as under:-
"In case, a representation is so addressed within the aforesaid period, the State- respondents are directed to consider and decide the same by a reasoned and speaking order as expeditiously as possible in accordance with law. However, in no case later than eight weeks from the date of receipt of the representation along with a certified copy of this order.(Downloaded on 06/06/2021 at 08:37:05 PM)
(2 of 2) [CCP-169/2019] With the observations and directions, as indicated above, the writ as well as stay application stand disposed off."
The petitioner submits that in terms of the representation filed by him, the petitioner has not been given seniority. This court finds that there is no adjudication of this court relating to the seniority of the petitioner.
While passing the order dated 14.07.2017 the court passed an order relying upon an earlier order passed by this court in the case of Manoj Khandelwal & Ors. Vs. State of Rajasthan & Ors. decided on 16.07.2014. On perusal of the order dated 16.07.2014 passed in the case of Manoj Khandelwal & Ors. (supra), this court finds that theretoo this court has not passed any adjudicating order and has directed the concerned petitioner to move a representation.
Admittedly, representation has already been decided and petitioner has been given seniority on Devisional Leval. If the petitioner had any grievance, he could have challenged the same. No contempt is made out. Contempt proceedings are quasi criminal in nature and one must be cautious in filing them. This contempt petition is held to be frivolous and the same is dismissed with the cost of Rs.10,000/-. Cost should be deposited with the Rajasthan Legal Services Authority, Jaipur.
(SANJEEV PRAKASH SHARMA),J Sunita Kanwar /14 (Downloaded on 06/06/2021 at 08:37:06 PM) Powered by TCPDF (www.tcpdf.org)