Decided on April 26,1984

Shivda Ram Appellant


G.M.LODHA, J. - (1.)THIS is a contempt petition filed by Shivda Ram against the Development Commissioner, Shri C.S. Beniwal, Dy District Development Officer Nagaur and Shri Mani Ram, Vikas Adhikari Panchayt Samiti Jayal District Nagaur.
(2.)THE petitioner's case is that he belongs to scheduled casts and is a young man. He was appointed by the Selection Committee for Panchayat Samiti Jayal, and he joined his post as Gram Sewak and Ex -officio Secretary of Gram Panchayat, Rohina in the forenoon of 13 -12 -82. It is alleged that thereafter an order was passed against him on higher level, on account of which he was sought to be removed from the service. A writ petition was filed by the petitioner on or about 17 -1 -1983 and show -cause notice was issued. When no reply was given to the show cause notice, this court passed an order on 10 -2 -1983 in the following terms: No body appears to oppose the stay application inspite of service of notice. Heard learned Counsel for the petitioner. The respondents are directed to permit Shri Shivda Ram to function as Gram Sevak Rohina P.L. Jayal till further orders. He was allowed to work as Gram Sewak in pursuance of the order of the Court. But on 12 -10 -83. Vikas Adhikari Shri Mani Ram sent a letter that the Dy District Development officer Nagaur vide order dated 15 -9 -1983 has intimated that the writ petition has been dismissed and as such the services of petitioner were terminated.
The petitioner on this submitted to the non -petitioners that his writ petition is pending and the stay order passed by the High Court is subsisting. He further submitted that he never filed the writ petition at Jodhpur and as such the question of dismissal never arises.

(3.)ON this the non -petitioners stated that they are not bound by the stay order of the High Court passed on 10 -2 -83.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.