LAWS(RAJ)-2015-11-43

SUNDER SINGH Vs. PURSHOTTAM AGRAWAL AND ORS.

Decided On November 24, 2015
SUNDER SINGH Appellant
V/S
Purshottam Agrawal And Ors. Respondents

JUDGEMENT

(1.) PRESENT contempt petition has been filed under Section 12 of the Contempt of Courts Act, 1971 praying that the respondents be punished for disobedience of the order dated 12.2.2012 passed by a coordinate Bench of this court in S.B. Civil Writ Petition No. 6346/2011.

(2.) A perusal of the order dated 1.2.2012 in favour of the petitioner reveal that a direction was given to the State of Rajasthan to declare the petitioner as semi -permanent Store Munshi. For giving the above direction, the coordinate Bench had relied upon the decision of this court rendered in Lal Chand Sharma v. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 4838/1996 decided on 2.2.2010.

(3.) THUS , the Division Bench of this court has held that the learned Single Judge was wrong in applying the ratio of Lal Chand Sharma's case (supra) to each and every petition without examining the facts of each case.