Dismissed

Addl.Session Judge F.T. NO.1,BIKANER v. Raja Ram

Rajasthan HC22 Sept 2014CRLCP/3/2013

Case brief

AI extract

What is this about?

The High Court disposed of a D.B. Criminal Contempt Petition filed by a Sessions Judge against his subordinate clerk. The court held that for acts of misconduct by an employee, a departmental enquiry is the appropriate remedy rather than contempt proceedings, as the allegations did not amount to scandalising the Court or obstructing justice. The petition was dismissed with a direction to conclude

What did the court decide?

Contempt petition dismissed; direction to District and Sessions Judge, Bikaner to conclude the pending departmental enquiry as expeditiously as possible.

Addl.Session Judge F.T. NO.1,BIKANER Vs Raja Ram — Contempt of Court | Rajasthan HC (2014)

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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.

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ORDER

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D.B. CRIMINAL CONTEMPT PETITION NO.3/2013

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ADDITIONAL SESSIONS JUDGE (F.T.) NO.1, BIKANER. VS. RAJA RAM.

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DATE OF ORDER ::: 22.9.2014

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HON’BLE THE ACTING CHIEF JUSTICE MR.SUNIL AMBWANI HON’BLE MR.JUSTICE VIJAY BISHNOI

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By Post.

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This petition by Mr.Sohan Lal Sharma, Additional Sessions Judge (Fast Track) Court No.1, Bikaner was referred to this Court on 19.7.2012 alleging that Mr.Raja Ram Vishnoi, the then Steno, working in the Court of Additional Sessions Judge (Fast Track) No.2, Bikaner had committed serious acts of misconduct which constitute contempt of Court. The reference was made under Section 15(2) of the Contempt of Courts Act, 1971 to take cognizance and to punish him for committing contempt.

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The facts stated in the reference are that on 18.7.2012, the work of Additional Sessions Judge (Fast Track) Court No.2, Bikaner was assigned to him as a Link Officer. On enquiry, he came to know that Mr.Raja Ram Vishnoi, Stenographer in the Court of Additional Sessions Judge (Fast Track) No.2, Bikaner had not come to the Court upto 11:40 A.M. The complainant called for Attendance Register and made a question mark. At

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about 12:15 P.M., Mr.Raja Ram Vishnoi came to the Court and straightaway climbed on the dias. He asked the complainant as to how a question mark has been put by him on the attendance register. The complainant had no right to do so and called out in loud voice that he will not type the bail orders and continue to make complaints against the complainant.

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The High Court has so far not issued the notice on the petition. On 9.9.2013, an observation was made that before the final course of action is decided on the reference, the matter may be examined on the Administrative side.

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A report was called from the Registry on which the District & Sessions Judge, Bikaner has informed the Registrar General on 30.7.2014 that disciplinary proceedings under Rule 16 of the Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 have been initiated against the Delinquent Official Mr.Raja Ram Vishnoi, in which a charge-sheet has been issued to him and departmental enquiry is pending.

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Considering the facts and circumstances of the case and the allegations made by the Presiding Officer against the alleged contemner, we are of the view that this matter needs be dealt with on the administrative side.

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An employee of the Court serves subject to good conduct and discipline. If any act of misconduct is found against him, such as in the present case, a departmental enquiry under Rajasthan Civil Services (Classification, Control & Appeal) Rules, 1958 is appropriate action to be taken against him. The contempt proceedings are not ordinarily been initiated against an employee who commits misconduct. Even if any misconduct is committed in the Court, he can be adequately punished, if found

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guilty, on administrative side. The proceedings of contempt in such matters are not drawn as the allegations do not amount to scandalising the Court or obstructing the administration of justice.

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The contempt petition is disposed of with directions to the District and Sessions Judge, Bikaner to conclude the departmental enquiry as expeditiously as possible.

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(VIJAY BISHNOI), J. (SUNIL AMBWANI), Actg.CJ.

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S.Phophaliya/-

Addl.Session Judge F.T. NO.1,BIKANER v. Raja Ram

Case brief

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What did the court decide?

Addl.Session Judge F.T. NO.1,BIKANER v. Raja Ram

Case brief

What is this about?

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