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1989 DIGILAW 284 (RAJ)

Ganpatlal Agrawal v. A. K. Pandey, Rakesh Verma, L. N. Agarwal and R. P. S. Chauhan

1989-04-20

FAROOQ HASAN, M.B.SHARMA

body1989
JUDGMENT 1. - This Court made the following order on 20.5.1987 in D. B. Civil Mir.c. Stay Application No. 929/1987 ( Writ Petition No. 1220/87-Ganpatlal v. State and others ):- "Issue notices to the respondents. In the meanwhile, the petitioner would be allowed to function as Sarpanch of Gram Panchayat Navalri in case no charge has been handed over by the petitioner." The order of this Court, ibid is very specific that the petitioner would be allowed to function as Sarpanch of Gram Panchayat Navalri in case no charge has been handed over by him. 2. A look at Section 15-A of the Rajasthan Panchayat Act, 1953, will show that the provisions of handing over of charge also apply to the cases of Panch Sarpanch & Up-Sarpanch who has been suspended. Section 15-A (iv) of the Rajasthan Panchayat Act, 1953, ('Act' for short) provides that whenever any Panch Sarpanch or Up-Sarpanch is removed from office under sub-section (4) of Section 17 or is suspended under sub-section (4A) of that section, he shall hand over charge. The relevant rules which provide manner of handing over of the charge, are Rules 8 & 9 of the Rajasthan Panchayat & Nyaya Panchayat (General) Rules, 1961 (`Rules, 1961' for short) contained in Chapter III. 3. It is not the case of the non-petitioners that the handing over of the charge was in the manner provided in Chapter III of the Rules, 1961. It, therefore, appears that the stand taken by the non-petitioners that the charge has been assumed and as such, the stay order was not operative, is not correct and no attempt appears to have been made to get the stay order of this Court vacated. That apart, as and when any order is passed by this Court and any doubt has occasioned to arise though in the present case no such situation has arisen, the only course which required to be adopted in case of any doubt, was to apply for clarification of the order of this Court; but, the non-petitioners cannot he allowed to interpret the orders of this Court in the manner as it suits them. We would have taken a serious view of the matter and would have punished the non- petitioners but in the instant case, it is even the case of the petitioner that despite the so-called assumed charge, the petitioner continued to work as Sarpanch. We would have taken a serious view of the matter and would have punished the non- petitioners but in the instant case, it is even the case of the petitioner that despite the so-called assumed charge, the petitioner continued to work as Sarpanch. It goes to mean that no active intervention in the functioning of the Sarpanch appears to have taken place. The petitioner's counsel has shown to us various minutes of the Panchayat, from which is appears that despite the attitude of the non-petitioners, the petitioner continued to work as Sarpanch. Thus, though prima facie it appears that the order of this Court was not complied with, inasmuch as their stand that the charge has been assumed, not only undermines the constitutional authority and respect of the High Court but is also likely to subvert the Rule of law and engender harassing, uncertainty and confusion in the administration of law, but, despite that attitude, the petitioner continued to work as Sarpanch. In these peculiar circumstances, However, we would not like to punish the non-petitioners though they have tendered unconditional apology which cannot be termed to be so, because they in their reply to the contempt petition have not justified their stand that the charge has been assumed ; but, we are convinced that the conduct of the non-petitioners is so reprehensible as to warrant condemnation by the imposition of a recorded warning. Thus, we record a warning of dire consequences against each of the contemnors-non-petitioners that may visit them if they repeat the contempt-for which, the Chief Secretary to the Government of Rajasthan is directed to keep this recorded warning on the personal file of each of the non-petitioners. For future, we give a note of warning to Government servants that hundreds of the contempt petitions are preferred before us and much of the precious time of this Court is taken away in disposing of such avoidable petitions which be deprecated. Each and every concerned Officer shall take note of this warning and comply, in letter and spirit, with the orders of the Courts as and when they are brought to their notice ; and, we may emphasise that the law should not be seen to sit by limply, while those defy it go free, and those who seek protection lose hope. Otherwise, this Court may be compelled to take very much serious view of the matter by a mode of vindicating the majesty of law in its active manifestation against obstruction and outrage. 4. A copy of this Order be sent forthwith to the Chief Secretary for drawing his attention and he is also directed to bring this order to the notice of the subordinates in such manner as he may deem proper. 5. With the above observations, this contempt petition is disposed of.Petition Disposed of. *******