In Writ Contempt No. 1151/2018, the Hon'ble High Court of J&H for Rajasthan, Jodhpur held that no contempt was made out as the petitioner was already relieved from duties, satisfying the interim order condition.
Contempt petition dismissed; petitioner may seek modification of interim order during writ proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR
S.B. Writ Contempt No. 1151/2018
Nitin Kumar Soni (Employees No. 032296)
----Petitioner
Versus
Tarsem Singh Zira & Anr.
----Respondent
For Petitioner(s) : Mr. Muktesh Maheshwari
JUSTICE DINESH MEHTA Judgment / Order
13/09/2018
Upon perusal of the facts and circumstances of the present contempt petition, this Court is of the view that there is no willful disobedience on the part of the respondents, in not permitting the petitioner to join the duties, as he has already been relieved.
More particularly in light of the interim order, which stipulated a condition; “not to relieve the petitioner, if not already relieved”.
In view of the aforesaid, no contempt is made out and the contempt petition is therefore dismissed.
It shall however be open for the petitioner to pray for modification of the interim order or any other appropriate order(s) during the writ proceedings.
(DINESH MEHTA),J
Anurag/42
2 issues framed by the court
Whether the respondents willfully disobeyed an interim order by not permitting the petitioner to join duties when he was already relieved.
Whether the contention that the petitioner was already relieved absolves the respondents of contempt liability.
Nitin Kumar Soni
Tarsem Singh Zira
Dinesh Mehta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
