Arvind Kumar Sharma S/O Shri ... vs Mahesh Chand Sharma ...
2023 Latest Caselaw 5419 Raj/2

[2023:RJ-JP:25716]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Contempt Petition No. 588/2020

                                        In

                 S.B. Civil Writ Petition No.14763/2019

Arvind Kumar Sharma S/o Shri Chhagan Lal Sharma, Aged About
36 Years, Resident Of Plot No 8, Shakti Nagar, Gopalpura Bye
Pass, Jaipur
                                                                       ----Petitioner
                                     Versus
1.       Mahesh Chand Sharma, Chairman, Board Of Indian
         Medicine    Rajasthan,        E-1,     Dhanwantri          Bhawan,     Near
         Mahaveer Udhyan, Bajaj Nagar, Jaipur
2.       Ramesh Chand Sharma, Registrar, Board Of Indian
         Medicine    Rajasthan,        E-1,     Dhanwantri          Bhawan,     Near
         Mahaveer Udhyan, Bajaj Nagar, Jaipur
                                                                    ----Respondents

For Petitioner(s)          :     Mr. R.C. Joshi for
                                 Ms. Namita Parihar
For Respondent(s)          :     Mr. Ajit Maloo

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL

Judgment / Order

29/09/2023

This contempt petition has been filed alleging wilful

disobedience of the interim order dated 18.09.2019 passed by this

Court whereby, it was directed that no coercive action shall be

taken against the petitioner in the meanwhile.

Learned counsel for the petitioner submits that despite the

aforesaid interim order, the respondents are not permitting him to

join the duty w.e.f. 01.01.2020 and have not paid salary since

then despite submission of various representations. He, therefore,

[2023:RJ-JP:25716] (2 of 3) [CCP-588/2020]

prays that the respondents may be directed to purge the contempt

and they may also be punished suitably.

Per contra, learned counsel for the respondents would submit

that services of the petitioner were hired through a placement

agency whose registration has come to an end on 31.12.2019 as

per the Annexure-9. He further submits, inviting attention of this

Court towards the letters dated 17.02.2020 and 18.03.2020

appended as Annexures-9 & 11 respectively along with the memo

of contempt petition, that the petitioner is not appearing on duty

since January, 2020 and he has been paid entire salary till

December, 2019. He, therefore, prays for dismissal of the

contempt petition.

Heard. Considered.

This Court has, vide interim order dated 18.09.2019,

directed the respondents not to take any coercive action against

the petitioner. It is admitted position that services of the petitioner

were hired on contract basis by the respondents through a

placement agency registration of which has come to an end on

31.12.2019. Although, the petitioner claims himself to be the

proprietor of the placement agency; but, it would not make any

difference so far as merits of this contempt petition is concerned.

From the material on record, this Court is satisfied that the

petitioner has been paid salary for the period he has worked with

the respondents and since, he is not appearing on duty since

January, 2020, he is not entitled for the salary after December,

2019. In view thereof, this Court is not satisfied that the petitioner

has been able to establish beyond reasonable doubt that the

[2023:RJ-JP:25716] (3 of 3) [CCP-588/2020]

respondents are in contempt of the interim order dated

18.09.2019.

Resultantly, this contempt petition is dismissed.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/07

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