Omprakash vs Mr Praveen Gupta And Ors ...
2023 Latest Caselaw 2872 Raj/2

[2023/RJJP/004180]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

              S.B. Civil Contempt Petition No. 1234/2018

                                          In

                  S.B. Civil Writ Petition No.23484/2018

Omprakash Constable Driver No. 375 S/o Shri Bhanwar Lal, aged
about 48 years, Working At Office S.p. Office, Tonk Rajasthan
                                                                      ----Petitioner
                                      Versus
1.       Mr. Praveen Gupta, Secretary, Department Of Finance
         Rules,      Government             Of      Rajasthan,        Government
         Secretariat, Jaipur
2.       Mr. O.p. Ghelotra I.p.s., Director General Of Police, Police
         Head Quarter, Lal Kothi, Jaipur
3.       Mr. Yogesh Dadhich I.p.s., Superintendent Of Police, Tonk,
         Rajasthan
4.       The State Of Rajasthan Through Its Principal Secretary,
         Department Of Finance Rules, Government Of Rajasthan,
         Government Secretariat, Jaipur
                                                                   ----Respondents

For Petitioner(s)            :    None present
For Respondent(s)            :    Mr. Udit Sharma for
                                  Mr. Rajesh Maharshi, AAG

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Order

14/03/2023

Inviting attention of this Court towards the order dated

05.08.2018 passed by the Superintendent of Police, District Tonk

and the contents of reply filed by them, learned counsel for the

respondents submits that case of the petitioner was found

distinguishable from the case of the Home Secretary, Government

of Rajasthan & Ors. versus Shyoram & Anr.: DB Special Appeal

[2023/RJJP/004180] (2 of 2) [CCP-1234/2018]

(Writ) No.2056/2014 inasmuch as the petitioner was sanctioned

M.T. allowance w.e.f. 01.06.1995 after coming into force of the

Rajasthan Police Subordinate Service Rules, 1995, he was never

absorbed in M.T. cadre and his seniority is maintained in Civil Wing

as a Constable General and therefore, in view of the

circular/letters dated 27.12.2002 & 24.11.2008 issued by the

Police Headquarters, he was not found entitled for selection in

technical cadre. He submits that since, the order dated

19.12.2017 has been complied with, the contempt petition be

dismissed.

None appears for the petitioner. None appeared on his behalf

on last date also, i.e., 28.02.2023.

Heard. Considered.

This Court has, vide its order dated 19.12.2017, contempt

whereof is alleged, directed the respondents to decide the

representation filed by the petitioner vide a reasoned and

speaking order in the light of judgment of this Court in case of

Shyoram & Anr. (supra). On perusal of the order dated 05.08.2018

passed by the Superintendent of Police, District Tonk coupled with

the contents of the reply filed by the respondents, it is apparent

that the order dated 19.12.2017 passed by this Court, contempt

whereof is alleged, has substantially been complied with.

In view thereof, this contempt petition is dismissed.

(MAHENDAR KUMAR GOYAL),J

Manish/143

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