The court dismissed contempt petitions filed to enforce an order of 31.05.2018. The decision admitted that the underlying order relied on a precedent subsequently overruled by a Division Bench judgment dated 24.04.2020, rendering the contempt proceedings untenable.
Contempt petitions dismissed and notices discharged.
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 BENCH AT JAIPUR
S.B. Civil Contempt Petition No. 75/2019
IN
S.B. Civil Writ Petition No. 17938/2016
----Petitioners
Versus
Shri R.k. Meena, Secretary, Raj. Subordinate Ministerial Service Selection Board, State Agriculture Management Institution Compound Durgapura, Jaipur.
----Respondent
Connected With
S.B. Civil Contempt Petition No. 2498/2018
IN
S.B. Civil Writ Petition No. 17938/2016
----Petitioners
Versus
(2 of 3)
[CCP-75/2019]
Ministerial Service Selection Board, State Agriculture Management Institution Compound, Durgapura, Jaipur 2. State Of Rajasthasn Through Secretary, Medical Health Department, Secretariat, Jaipur
----Respondents/Contemnors
For Petitioner(s) : None Present For Respondent(s) : Mr. Nalin G. Narain, AGC Mr. Sunil Poonia, Dy. Secretary, RSSB
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
17/03/2023
Learned counsel for the respondent has submitted a copy of the judgement dated 24.04.2020 passed in D.B. Special Appeal Writ No.252/2019; The State of Rajasthan & Ors. Vs. Zaiba & Ors., for perusal of this Court.
The said judgement is taken on record.
Inviting attention of this Court towards the judgement dated 24.04.2020, learned counsel for the respondent submits that the instant contempt petitions arise out of the order dated 31.05.2018 passed by the learned Single Judge deciding the writ petition in the light of judgement dated 07.05.2018 passed by this Court in S.B. Civil Writ Petition No.14884/2016; Zaiba & Ors. Vs. State of Rajasthan & Ors. and the judgement in case of Zaiba & Ors. (supra) has been reversed by a Division Bench of this Court by the aforesaid judgement dated 24.04.2020. He, therefore, prays for dismissal of the contempt petitions.
[CCP-75/2019]
None appears for the petitioners even in second round. None appeared for them on last two dates also, i.e., 03.03.2023 & 23.02.2023.
Heard. Considered.
This Court has, vide its order dated 31.05.2018, contempt whereof is alleged, decided the writ petition filed by the petitioners in the light of judgement of this Court dated 07.05.2018 in case of Zaiba & Ors. (supra) which has been set aside by a Division Bench of this Court vide its judgement dated 24.04.2020 in D.B. Special Appeal Writ No.252/2019; The State of Rajasthan & Ors. Vs. Zaiba & Ors.
In view thereof, the contempt petitions deserve to be dismissed.
Accordingly, the contempt petitions are dismissed.
Notices are discharged.
(MAHENDAR KUMAR GOYAL),J
PRAGATI/74-75
1 issue framed by the court
Whether the present contempt petitions arising out of an impugned order dated 31.05.2018 should be dismissed in light of supervening judgment dated 24.04.2020 setting aside the precedent relied upon f
Ramakant Katara S/o Madanlal Sharma
Manish Kumar Soni S/o Prabhu Dayal Soni
Pushpendra Kumar Meena S/o Shri Basanti Lal Meena
Pooja Bairwa D/o Sh. Subhash Chand Bairwa
Ganesh Choudhary S/o Sh. Moolchand Chaudhary
Ashok Verma S/o Sh. Jagdish Prasad
Mahendar Kumar Goyal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
