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2012 Supreme(Raj) 1358

RAJASTHAN HIGH COURT AT JAIPUR BENCH
Narendra Kumar Jain-I, Raguvendra S.Rathore, JJ.
Bajrang Lal Sharma and others - Appellants
Versus
Salauddin Ahmed & Anr. - Respondents
D.B. Civil Contempt Petition No. 359 of 2011.
Decided On : 23-02-2012

For the Petitioners:Sanjeev Prakash Sharma, Senior Advocate assisted by Shobhit Tiwari, S.S. Shekhawat, Gaurav Sharma and Ankit Sethi, Advocates.
For the Respondent:C.S. Vaidhyanathan, Senior Advocate assisted by Dr. Manish Singhvi, Additional Advocate General, Raj Sharma, Additional Government Counsel and Veyankatesh Garg for G.S. Bapna, Advocate General.

Headnote:A. Administrative Law – Earlier notification continues and two next notification are ultra vires.

       B. Contempt of Court – Notification issued is not according to the order of the court and shows executive to be on the upper hand – Respondent committed contempt of court and the court ordered to follow the orders within 3 days

JUDGMENT

1. - Since both the contempt petitions had been preferred for committing contempt of judgment dated 05.02.2010 passed by this Court in D.B. Civil Writ Petition No. 8104/2008, therefore, they were heard together and are being disposed off by a common order.

2. D.B. Civil Contempt Petition No. 941 of 2010, Samta Andolan v. Shri Salauddin Ahmed & Another was preferred on 26.10.2010 , contending therein that this Court vide judgment dated 05.02.2010 quashed Notifications dated 28.12.2002 and 25.04.2008 and declared the same ultra vires to the provisions of Articles 14 and 16 of the Constitution of India. Further, this Court has also quashed and set aside all the consequential orders or actions taken by the respondents, including seniority list of Super Time Scale as well as Selection Scale of the Rajasthan Administrative Service Officers, issued on the basis of above notifications. The State of Rajasthan had then preferred a Special Leave Petition (Civil) No. 7716/2010 before the Hon'ble Apex Court, wherein no interim order had been passed in favour of State and despite all these, the respondents are sitting tight over the matter and proceeding with promotions in different departments. The hearing before the Hon'ble Supreme Court has been concluded and order is reserved, but despite all these, the respondents are not restraining themselves from convening the Departmental Promotion Committee for various posts in different departments. The petitioner had given representation to the respondents for complying with the judgment passed by this Court, but instead of complying with the same, the respondents are continuously making promotions in different services and issuing seniority lists in various departments; for illustraton, promotions made in Co-operative Department, PWD Department, Finance Department, etc. in violation of the judgment passed by this Court. The copies of representations, seniority lists, promotion orders have been annexed with the contempt petition. It is further averred in the contempt petition that the petitioner has also served upon respondents a legal notice for contempt of Court on 12.10.2010. But despite all these efforts of the petitioner, the respondents are continuously defying and violating the judgment passed by this Court.

3. It was also contended that recently Principal Secretary, Department of Personnel issued a Circular dated 11.10.2010 to the Principal Secretaries of all the departments for convening the DPC, despite quashing of Notifications dated 28.12.2002 and 25.04.2008. Copy of Circular dated 11.10.2010 is also annexed with the contempt petition. The petitioner further stated that respondents/contemnors have shown scant regard for the judgment of this Court and inaction on their part amounts to contempt of order of this Court. It was further stated that an authority of any high position should not be permitted to flout the orders issued by this Court. The respondents, therefore, are guilty of committing contempt of judgment passed by this Court, as such, they are required to be punished severely under the provisions of Contempt of Courts Act.

4. D.B. Civil Contempt Petition No. 359/2011 was filed on 08.03.2011, contending therein that this Court vide its judgment dated 05.02.2010 quashed Notifications dated 28.12.2002 and 25.04.2008, issued by State of Rajasthan. It was also contended that despite dismissal of SLP filed by State before the Hon'ble Supreme Court, the respondents are not making compliance of judgment dated 05.02.2010 passed by this Court. The petitioners are suffering on account of inaction of the respondents, as rights of the petitioners are being curtailed for being considered for promotion into IAS, because the maximum age for consideration for appointment on the post of IAS is 54 years and the petitioners are approaching the maximum age. The respondents are, now, duty bound to restore the seniority of the petitioners, who have a right of seniority, which has accrued/ves

















































































































































































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