Ashok Kumar vs State Of Rajasthan
2022 Latest Caselaw 6979 Raj

Citation : 2022 Latest Caselaw 6979 Raj
Judgement Date : 10 May, 2022

Rajasthan High Court - Jodhpur

Ashok Kumar vs State Of Rajasthan on 10 May, 2022

Bench: Sandeep Mehta, Rekha Borana

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Writ Contempt No. 156/2022

Ashok Kumar

----Petitioner Versus State Of Rajasthan & Ors.

----Respondents

For Petitioner(s) : Ripudaman Singh For Respondent(s) : Mr. Manish Vyas, AAG Mr. Kailash Choudhary Mr. M.L. Lathar, DGP through VC Mr. Harshvardhan Agarwal, S.P. Jalore through VC.

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MS. JUSTICE REKHA BORANA

Order

10/05/2022

The petitioner herein has filed this contempt petition claiming

that the respondents have not complied with the order dated

07.04.2021 passed by the Division Bench of this Court in Civil

Misc. Review Application No.39/2020 wherein, it was directed as

below: -

"Accordingly, the review petition is allowed and it is directed that the judgment and order passed by the Hon'ble Supreme Court in Rajesh Kumar's case (supra) against the same impugned order shall also apply to the case of the present petitioner and he shall be entitled to the same relief as is given to Rajesh Kumar and others by the Supreme Court."

(2 of 4) [WCP-156/2022]

The specific pleadings of the petitioner at the para Nos. 4 to

8 of the contempt petition are noted herein below for the shake of

ready reference.

"4. That in pursuance of the judgment passed by the supreme court petitioner preferred review petition before Division bench of this honble court wherein honble court has allowed review petition of the petitioner and director as "he shall be entitled to the same relief as is given to Rajesh Kumar and others by the supreme court." the copy of the order dated 07.04.2021 is submitted and marked as Annexure 1.

5. That thereafter petitioner has approached before respondent office and provide copy of the honble court order and he sought appointment to the respondents but nothing has been done by the respondents.

6. The petitioner send legal notice through his lawyer, same are send to the respondents through the speed post, its submitted as its in the legal notice.

7. That the judgment was passed by the Hon'ble court on 07.04.2021 and as per the direction of the hon'ble court respondent would be compliance the order and provide appointment to the petitioner after passed in the physical exams, but however no efforts have been made by the respondents to compliance the order passed by the hon'ble court, the respondents have full knowledge of the order passed by this hon'ble court and the direction issued by the hon'ble court are very clear and specific. It's clear willful and conscious non compliance of the judgment passed by this hon'ble court. The Act of the respondents are

(3 of 4) [WCP-156/2022]

nothing but amounts to contempt of the hon'ble court.

8. That the judgment dated 07.04.2021 was submitted by the petitioner in the office of the respondent no. 01 & 03 but however neither of them have made any efforts to comply with the judgment passed by the hon'ble court and hence both are guilty of non compliance of the judgment passed by this Hon'ble court on 07.04.2021, for which they deserves to be punished for committing the contempt of this hon'ble court."

Manifestly, the petitioner intends to convey through these

pleadings that the respondents took no steps whatsoever pursuant

to the order dated 07.04.2021.

Shri M.L. Lathar, D.G.P., Rajasthan and Shri Harshvardhan

Agarwal, S.P. Jalore are present in the proceedings through video

conferencing. D.G.P. Shri Lathar pointed out that the petitioner

has intentionally concealed the fact that pursuant to receiving his

representation, order dated 06.09.2021 was passed and was

communicated to the petitioner indicating that the cut off for the

general category was declared at 43.250 marks whereas the

petitioner herein secured only 38.875 marks and hence, he was

not qualified for being selected as a Constable in the subject

recruitment process.

Shri Manish Vyas, AAG makes a statement at the bar that

this order was conveyed to the counsel for the petitioner as well.