In this contempt petition, the petitioner alleged non-compliance of a judgment dated 15-3-2013 by the respondents regarding merit list revival. The court dismissed the petition holding that the impugned order had been stayed by the Division Bench, negating the basis for contempt.
Contempt petition dismissed; notices discharged.
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Rupal Tripathi Vs. Mrs. Aparna Arora & Another (S.B. Civil Contempt Petition No.908/2013)
September 12, 2014.
HON'BLE MR. JUSTICE ALOK SHARMA
None for the petitioner.
Mr. S.S. Panwar, OIC on behalf of respondents.
BY THE COURT :
No one has appeared on behalf of the petitioner.
Mr. S.S. Panwar appearing on behalf of respondents submits that he
has come from Sirohi from a distance of 500 Kms., and to contest the contempt petition he has already suffered two adjournments. He prays that the matter be addressed on merits today.
Purported non compliance of the judgment dated 15-3-2013 passed in S.B. Civil Writ Petition No.11119/2012 has been alleged in this contempt petition. The said judgment was passed in 120 connected writ petitions.
The case of the petitioner is that having received copy of the judgment dated 15-3-2013, it was submitted by her to the respondents for compliance. Yet the respondents failed to act according to the directions issued by this court by not reviving/ redrawing the merit list for appointments on the post of Teacher Gr.III by the Zila Parishad Sirohi. It has been submitted that even the legal notice served on the respondents
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under the hand of her Advocate on 27-8-2013 has been of no avail. Punishment of the respondents for contempt of court is hence sought.
Reply to contempt petition has been filed. It has been submitted that the order dated 15-3-2013 passed in writ petition No.15553/2012 along with 119 other writ petitions was challenged before the Division Bench of this Court in D.B. Special Appeal (Writ) 472/2013. The Division Bench vide order dated 15-5-2013 in an appeal in a connected matter has stayed the operation of the order dated 15-3-2013 passed by the Single Judge. In the circumstances the stay by the Division Bench would also operate in the petitioner's case. Consequently, no contempt for the stated non-compliance of the order dated 15-3-2013 passed by the Single Judge can be made out.
Aside of aforesaid it has been submitted that in the revised and amended result declared by the District Establishment Committee of Zila Parishad Sirohi the last cut-off marks in the category of general female (as the petitioner is) was 124.91, while the petitioner secured only 117.14 marks. The petitioner was placed in merit at Serial No.28 in the category of General (Female). The 13 vacancies of the category of general (female) have been filled up by more meritorious candidates higher in the ranking list. For this reason also it has been stated that no contempt at all is made out.
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Having perused the reply to the contempt petition, and in view of the fact that the order dated 15-3-2013, of which contempt has been alleged, has been stayed by the Division Bench vide order dated 15-5-2013, I find no force in the contempt petition.
The contempt petition is therefore dismissed. Notices are discharged.
(Alok Sharma), J.
arn/
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All corrections made in the order have been incorporated in the order being emailed.
Arun Kumar Sharma, Private Secretary.
2 issues framed by the court
Whether a contempt order lies where the impugned judgment sought to be enforced was stayed by the Division Bench.
Whether the alleged non-compliance with the impugned direction amounts to contempt of court.
Rupal Tripathi
Mrs. Aparna Arora
Respondent No.2
Allok Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
