B.J. Shethna, J. - (1.) Mr. Sishodia, learned counsel for the appellant seeks permission to delete name of respondent No.2- Dr. S.K. Solomon, Chief Medical & Health Officer, Mahatma Gandhi Hospital, Bhilwara, from the array of respondents, as he is not a necessary party. Permission granted. Heard Shri Sishodia, learned counsel for the appellant and Shri Bhansali, learned counsel for the respondent No.1.
(2.) This is an appeal against the order dated 10th June, 1992, passed by the trial court, convicting the appellant, who is a Doctor, for contempt and sentencing him to suffer one month's civil imprisonment and attachment of property, for not complying with the ex-parte ad interim order passed by the Court.
(3.) The respondent No.1 was a Nurse. It was alleged that she was surplus and, therefore, she was transferred. The trial court refused stay on 12.9.1990 against which she preferred an appeal on 13.9.1990 and obtained an order of status quote at 3.45 p.m. on 13.9.1990, the appellant issued relieving order. The case of the appellant was that before the stay order was served, she was relieved. The case of the respondent No.1 was that she was forcibly prevented from resuming the duty. Considering the rival contentions of the parties, the trial court found that the appellant has flouted the order of the court and, therefore, convicted him for contempt as stated earlier.;