Babita Kumari W/O Shri Phateh ... vs Smt. Veenu Gupta, State Of ...
2021 Latest Caselaw 364 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

            S.B. Civil Contempt Petition No.1694/2018

Babita Kumari W/o Shri Phateh Singh
                                                                     ----Petitioner
                                   Versus
Smt. Veenu Gupta, State Of Rajasthan & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr.Himanshu Jain, Adv. For Respondent(s) : Mr.Harshal Tholia for Dr.V.B. Sharma, AAG.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR

Order

18/01/2021

This Court on 08.12.2020 has passed an order that if

compliance of the order dated 17.11.2017 is not made on or

before the next date, the Principal Secretary, Medical Health &

Welfare Department as well as Additional Director

(Administration), Directorate of Medical, Health and Family

Welfare Department shall remain personally present in the Court.

The Registrar (Judicial) was also directed to send copy of this

order to both these Officers.

Learned counsel Mr.Harshal Tholia appearing on behalf

of Dr.V.B. Sharma, AAG submitted that the Department has filed

an appeal on 15.01.2021 against the order dated 17.11.2017.

Learned counsel has also been instructed to bring into

notice the order dated 21.09.2020 passed by the Apex Court in

Special Leave to Appeal (C) No.9465/2017 Chhotu Lal

Gurjar vs. The State of Rajasthan & Anr. whereby the Apex

Court has dismissed the Special Leave to Appeal filed by one

(2 of 2) [CCP-1694/2018]

candidate against the Division Bench's judgment dated

11.11.2016 passed in DB Special Appeal (Writ)

No (Chhotu Lal Gurjar vs. State of Rajasthan 5 &

Ors.).

This Court finds that the order dated 17.11.2017 has

not been complied with so far. The order dated 08.12.2020 passed

by this Court in the present contempt petition also directed the

respondents-contemnors either to comply with the order or to

remain personally present in the Court, however, no compliance

has been made so far.

The submission of learned counsel for the respondents-

contemnors that this contempt petition is required to be decided

by keeping in view the judgment passed by the Division Bench in

D.B. Special Appeal (Writ) No.1263/2015 dated 11.11.2016 and

dismissal of SLP by the Apex Court vide order dated 21.09.2020,

this Court does not accept the explanation furnished by counsel

for the respondents.

This Court directs that on the next date of hearing, the

Principal Secretary, Medical Health & Welfare Department as well

as Additional Director (Administration), Directorate of Medical,

Health and Family Welfare Department shall remain personally

present in the Court.

Copy of this order be sent by the Registrar (Judicial) to

both the Officers.

List on 28.01.2021.

(ASHOK KUMAR GAUR), J

Himanshu Soni/25/Ramesh Vaishnav

Powered by TCPDF (www.tcpdf.org)