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2021 Supreme(Raj) 772
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Sangeet Lodha,Mahendar Kumar Goyal, JJ.
Puran Singh Meena - Appellant
Versus
State Of Rajasthan & Ors. - Respondents
D.B. Civil Contempt Petition No. 346/2021
Decided on : 08-07-2021
Mr. Ajay Kumar Tanenia. Through video conferencing, for the Petitioner
The court's order only set aside the interim order and did not issue further directions, and the petitioner was advised to seek appropriate remedies available under the law if not permitted to join at the transferred place.
Headnote:
Contempt - Disobedience of Court Order - The court addressed the alleged disobedience of an order staying a transfer order issued by the State Government, highlighting that the court's order only set aside the interim order and did not issue further directions. The petitioner was advised to seek appropriate remedies available under the law if not permitted to join at the transferred place.
Fact of the Case:
The petitioner alleged disobedience of the court's order staying a transfer order issued by the State Government, claiming that the respondents were under obligation to relieve the writ-petitioner from her earlier posting to join the duties at the transferred place.
Finding of the Court:
The court found that the order only set aside the interim order granted by the learned Single Judge and did not issue further directions. The petitioner was advised to seek appropriate remedies available under the law if not permitted to join at the transferred place.
Issues: Alleged disobedience of the court's order staying the transfer order issued by the State Government.
Ratio Decidendi: The court's order only set aside the interim order and did not issue further directions. The petitioner was advised to seek appropriate remedies available under the law if not permitted to join at the transferred place.
Final Decision: No case of disobedience of the order passed by the Court was made out, and the petitioner was advised to seek appropriate remedies available under the law if not permitted to join at the transferred place.
JUDGMENT
1. This contempt petition has been filed by the petitioner alleging disobedience of the order dated 02.11.2020 passed by a Bench of this Court in DBSAW No.80/2020 : State of Rajasthan & Ors. v. Jyoti Gupta & Anr.
2. The order issued by the State Government transferring the writ-petitioner from Government Senior Secondary School, Gandura, Laxmangarh, Alwar to Government Senior Secondary School, Panseri, Jalore, was stayed by the learned Single Judge vide order dated 03.12.2019. Aggrieved thereby, the State of Rajasthan preferred intra court appeal before this Court, which was allowed vide order dated 02.11.2020 and the order passed by the learned Single Judge staying the transfer order, was set aside.
3. Learned counsel appearing for the petitioner submits that the interim order passed by the learned Single Judge having been set aside by the Division Bench; the respondents were under obligation to relieve the writ-petitioner from her earlier posting to join the duties at the transferred place. However, the order has not been complied with and, therefore, the petitioner is not permitted to join at Government Senior Secondary School, Gandura, Laxmangarh, Alwar.
4. By the order, disobedience whereof alleged, this Court has only set aside the interim order granted by the learned Single Judge and further no further directions were issued.
5. Pursuant to the transfer order, if the petitioner is not permitted to join at the transferred place, it is always open for him to make an appropriate application before the learned Single Judge in the writ petition pending or avail the appropriate remedy available under the law.
6. In any case, no case of disobedience of the order passed by this Court is made out.
