- (1.) BY an exparte order, the writ petition preferred by the petitioner viz. SBCWP No.1790/2012, which came to be disposed of by a coordinate bench of this Court vide order dated 03.03.2012 directing the respondents to decide the appeal, which was to be filed by the petitioner (who was working as Male Health Worker and was placed under suspension by order dated 02.01.2012 issued under Section 13 of the Rajasthan Civil Services (CCA) Rules, 1958) within a period of two weeks from the date of order i.e. 03.03.2012, within a period of one month from the date of filing such appeal.
(2.) MR . J.S. Bhaleria, learned counsel for the petitioner submits that appeal was sent after aforesaid order of the Court dated 2012 to the Principal Secretary, Department of Medical & Health, Secretariat, Jaipur vide Annex.C/2 by registered AD post and the postal receipts are placed on record as Annex.C/3 dated 17.2002 and as one of the Annexures of the said memo of appeal as Annex.A/14, the certified copy of the order passed by this Court dated 2012 is said to have been enclosed with the said memo of appeal. However, since the appeal was not decided by the Principal Secretary, Department of Medical & Health, Secretariat, Jaipur by now, therefore, for the alleged non-compliance of directions of this Court by deciding the said appeal within one month of its filing, the present contempt petition has been filed by the petitioner. 3. Learned counsel for the petitioner, Mr. J.S. Bhaleria, further submitted that again a reminder letter was sent by the petitioner vide Annex.C/4 dated 22.04.2012 to the Principal Secretary, however, the copy of the order passed by this Court on 2012 does not appear to have been enclosed separately with the said letter again.
(3.) THERE are all possibilities that the certified copy of the order, which was passed exparte against the respondents, which was sent to the respondent as Annex.A/14 with the memo of appeal, may not have been even noticed by the respondent, Principal Secretary at all. The certified copy of the order of this Court which was passed exparte on 03.03.2012, ought to have been sent immeditely and separately to the concerned authority by registered AD post in his own name for compliance within the stipulated time frame, however, nothing of this sort has been done in the present case. The Principal Secretary, Department of Medical & Health, Government of Rajasthan, Jaipur cannot be expected to look into Annex.A/14 of the memo of appeal and such appeal filed and reach up to stage of knowing the directions of this Court unless he looks into the entire appeal including its annexures whenthe same is placed for hearing before him.;