STATE OF RAJASTHAN Vs. MANOJ KUMAR TUNGARIYA

JUDGEMENT

(1.) This appeal is directed against order dtd. 20/11/2021 passed by the learned Single Judge in Civil Contempt Petition No. 95/2018, by which the learned Single Judge directed the Director and the Secretary, Primary Education Department to remain present before the Court to explain as to why they should not be punished.

(2.) Even before formal admission of the appeal, learned counsel for Respondent No. 1/contempt petitioner, in whose contempt petition, the learned Single Judge has passed order on 20/11/2021, have appeared and taken objection to the maintainability of the appeal, therefore, learned Additional Advocate General was heard on the issue of maintainability of the appeal.

(3.) Learned Additional Advocate General would contend that though present is not a case where contemnors/officers of the State have been punished for contempt, it is a case where the learned Single Judge has issued certain directions deciding the matter independent of the order of which contempt was alleged before the learned Single Judge. He would submit that though there was direction of the Court to accommodate the writ petitioner, since accommodation was not possible for want of vacancy, despite that stand taken before the learned Single Judge, a direction to the authority to accommodate the writ petitioner and direction to the authorities/contemnors to appear before the Court and show cause against punishment, constitutes an independent adjudication through a judgment and therefore, in view of the law laid down by the Hon'ble Supreme Court in the cases of J.S. Parihar v. Ganpat Duggar and Others, 1996 6 SCC 291 and Midnapore Peoples' Co.op. Bank Ltd. and Ors. V. Chunilal Nanda and Ors. AIR 2006 SC 2190, this appeal, which is directed against an independent adjudication and judgment, would be maintainable.