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[2026:RJ-JP:5151]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Contempt Petition No.1119/2024

In

Appeal No.1376/2021

1. Prabhu Narain Sharma S/o Shri Sitaram Sharma, Aged

About 62 Years, R/o 55, Choudhary Nagar II, Airport

Road, Budhpura, Jaipur.

2. Yashodhan Pal Singh S/o Shri Nepal Singh, Aged About 52

Years, R/o Plot No.6, Kalyan Nagar III, Tonk Road, Jaipur

(Raj.)

3. Nihal Singh S/o Shri Ummed Singh, Aged About 55 Years,

R/o A-14, Bidawat Marg, Ambabari, Jaipur (Raj.)

4. Rajesh Kumar Sharma S/o Shri Chiranji Lal Sharma, Aged

About 52 Years, R/o M 6/439, Vidhyadhar Nagar, Jaipur

(Raj.)

----Petitioners

Versus

1. Shri Anand Kumar, Additional Chief Secretary,

Department Of Home, Government Secretariat, Jaipur

(Raj.)

2. Shri Utkal Ranjan Sahu, Director General Of Police

Rajasthan, Jaipur

3. Shri Bhaskar A. Sawant, Additional Chief Secretary,

Department Of Home, Government Secretariat, Jaipur

(Raj.)

4. Shri Rajeev Kumar Sharma, Director General Of Police

Rajasthan, Jaipur

----Respondents

For Petitioner(s) : Mr. Ashwini Kumar Jaiman, Adv. with

Mr. Keshav Parashar, Adv.

For Respondent(s) : Mr. Vishnu Dutt Sharma, Adv. with

Ms. Almas Khanam, Adv. for

Mr. Bhuwnesh Sharma, AAG.

HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

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1. This contempt petition has been preferred by the petitioners

stating that the respondents have not complied with the order

passed by the Rajasthan Civil Services Authority dated

10.07.2023. It is contended that the order passed by the

Department-respondents dated 21.03.2024 amounts to non-

compliance of the judgment dated 10.07.2023. It is further

contended that in the order, the Department specifically stated

that review by Departmental Promotion Committee ('DPC') could

not be conducted for the year 2000-01 to 2005-06 as record was

not available with them. It is argued that the Tribunal directed the

respondents that the claim of the petitioners shall be considered

for review by DPC from the year 2000-01 to 2005-06 for the post

of Sub-Inspector. It is also argued that the respondents did not

even determine the vacancies of general candidates from year

2000-01 to 2005-06. It is further argued that previously also the

order dated 04.06.2019 was passed by the respondents which is

akin to the order dated 21.03.2024, thus, the respondents have

committed contempt and liable to be punished.

2. It is contended by learned counsel for the respondents that

the petitioners claim was duly considered and vide speaking order

dated 21.03.2024, the matter was considered. It is also contended

that as per the provision of Rajasthan Police Subordinate Rules,

1989, it was imperative for the petitioners to appear and qualify

the examination and without succeeding the examination, the

petitioners were not entitled for promotion to the post of Sub-

inspector. The Department has substantively made the compliance

of the order passed by the Tribunal and considered all the aspects,

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and if the petitioners are aggrieved with the order, then instead of

filing the contempt petition, they could have approached the

appropriate forum for the redressal of their grievance, therefore,

the civil contempt petition may be dismissed.

3. Heard and perused the material available on record.

4. The respondents have passed the order dated 21.03.2024

citing the reasons regarding not conducting the review DPC for the

year 2000-01 to 2005-06 and also that as per the Rules of 1989,

it was imperative upon the petitioners to appear in the qualifying

examination and only upon succeeding, they were entitled for

promotion from the Post of Assistant Sub-Inspector to Sub-

Inspector. The Department have considered all the aspects in

order dated 21.03.2024 and cited the reasons for not conducting

the review DPC and determination of the vacancies.