Bansi Lal Saini S/O Rewarmal Saini vs Salvindera Singh Sohta Secretary ...
2022 Latest Caselaw 1531 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Contempt Petition No. 263/2019

Bansi Lal Saini S/o Rewarmal Saini, Aged About 48 Years, R/o
Village Gadarwada Post Gudhalia Via Kundal District Dausa
Rajasthan
                                                                          ----Petitioner
                                     Versus
1.     Salvindera Singh Sohta Secretary Cum Commissioner
       Panchayati Raj Department, Rajasthan Jaipur
2.     Avichal Chaturvedi Chief Executive Office Cum-Additional
       Examination Controller, Zila Parishad Jodhpur
3.     State    Of     Rajasthan         Through         Its      Secretary       -Cum
       -Commissioner Panchayati Raj Department, Rajasthan
       Jaipur
                                                                    ----Respondents

For Petitioner(s) : Mr.Aamir Khan, Adv.

HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order

14/02/2022

The present contempt petition is filed for alleged

disobedience of order dated 07.03.2017 passed by this Court.

Learned counsel for the petitioner submitted that case of the

petitioner was to be decided in view of bunch of writ petitions

decided by the Principal Seat at Jodhpur and the lead case being

Mukesh Kumar Tailor Vs.State of Rajasthan & Anr. (S.B.Civil

Writ Petition No.750/2017).

Learned counsel for the petitioner submitted that after

judgment passed by this Court, the petitioner has served

representation on the respondents and later on notices of

(2 of 2) [CCP-263/2019]

contempt were also issued to the contemnors but still the order

has not been complied with.

This Court finds that the order dated 07.03.2017 passed by

this Court had given liberty to the petitioner to approach the

respondents to consider his case in view of the judgment passed

in the case of Mukesh Kumar Thalod & Ors. Vs. State of Rajasthan

& Ors. (supra).

This Court finds that the present contempt petition was filed

on 04.02.2019 and after that contempt petition was lying in

'defect' category and the defects were not cured till 08.11.2021.

This Court also finds that relief sought by the petitioner in

the writ petition filed by him, was in respect of consideration of his

case for the purpose of appointment on the post of Teacher Grade-

III in the Examination process completed in the year 2018.

This Court finds that if at all the petitioner has any grievance

in respect of his non-selection or not following the direction

passed in the case of Mukesh Kumkar Thalod (supra), the

appropriate remedy should have been availed by him and the

present contempt petition is not an appropriate remedy for

redressal of his grievance.

Accordingly, the present contempt petition stands dismissed.

(ASHOK KUMAR GAUR),J

Monika/11

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