High Court of Rajasthan disposition of writ contempt petition. Court held that since respondents initiated disciplinary proceedings against erring local body officials for violating state advertisement policy, no further order was required before the Court.
Petition dismissed; no further order required; notices discharged.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Writ Contempt No. 304/2018
Sudhir Sharda S/o Shri Premchand Sharda, Resident Of Prem Villa, Ganesh Gali, Khanda Falsa, Jodhpur, Rajasthan.
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Manish Bohra For Respondent(s) : Mr. Sunil Beniwal, AAG assisted by Mr. Utkarsh Singh Mr. Sudhir Tak
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Judgment / Order
15/12/2023
This contempt petition is filed by the petitioner while stating that this Court vide order dated 18.04.2017 has disposed of D.B. Civil Writ Petition No.9602/2016 filed by the petitioner in view of the fact that the State Government has already circulated a policy for advertisement by Local Bodies on 13.02.2017 and 14.12.2016 and issued a direction to the State Government to get the policy
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declared under the circular dated 13.02.2017 implemented strictly.
It is submitted that despite declaration of the policy by the State Government and directions given by this Court to implement the said policy strictly, the Local Bodies are getting the advertisements published in the newspapers in violation of the aforesaid policy.
Along with the contempt petition, several documents have been annexed by the petitioner to fortify his claim that the Local Bodies are not strictly implementing the policy of the State Government.
Reply to the contempt petition and compliance reports have been filed on behalf of the respondents from time to time, wherein it is clarified that the respondents took strict action against the erring officials of the Local Bodies under the provisions of relevant disciplinary Rules and disciplinary proceedings were also initiated against those erring officials and the same are pending against them. Learned AAG has assured this Court that the proceedings initiated against the erring officials will be concluded expeditiously. It is also informed that in some of the cases of the cooperative societies, recovery notices have already been issued to the erring office bearers/officials.
Having heard learned counsel for the parties and after going through the material available on record, we are of the view that the respondents are taking action against the erring office bearers/officials of the Local Bodies, who have violated the policy of the State Government and in such circumstances, no further
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order is required to be passed in this writ contempt petition by this Court.
Hence, this writ contempt petition is dismissed.
However, it will be open for the petitioner to file a fresh contempt petition as and when occasion arises.
Notices are discharged.
(MUNNURI LAXMAN),J
(VIJAY BISHNOI),J
36-mSingh/-
2 issues framed by the court
Whether violation of state policy by local bodies requires further court intervention in contempt proceedings.
Whether dismissal of contempt petition is appropriate when disciplinary actions are pending against erring officials.
Sudhir Sharda
Shri Manjit Singh
Shri Sudarshan Sethi
State Of Rajasthan
VIJAY BISHNOI
MUNNURI LAXMAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
