MAHI RAM BISHNOI Vs. KHEM RAJ CHOUDHARY

JUDGEMENT

(1.) WHILE accepting S. B. Civil Writ Petition No. 3612/2003- Mahi Ram Bishnoi vs. State of Rajasthan & others on 01st August, 2006, this Court directed the respondents to appoint the petitioner Mahi Ram as Para Teacher from the date of his selection with the Gram Panchayat, Meethariya. Alleging noncompliance of the order aforesaid, this application to initiate contempt proceedings as per provisions of Contempt of Courts Act, 1971 was filed on 31st January, 2007 and a rule was issued by this Court on 16th March, 2007 to Shri Hira Lal Meena, District Education Officer (Elementary), Bikaner and Shri Surendra Singh Bhati, Block Elementary Education Officer, Panchayat Samiti, Kolayat, Bikaner; to show cause as to why proceedings under Contempt of Courts Act, 1971 be not initiated against them.

(2.) AN application is now preferred by the petitioner seeking execution of the writ issued under judgment dated 01st August, 2006. It is stated that despite service of noti-ces issued by this Court, Shri Hira Lal Meena has not filed any reply to the application for initiating proceedings under Contempt of Courts Act. It is further stated that Shri Hira Lal, as a matter of fact, is not at all in a position to make compliance of the direc-tions given by this Court as a consequence of his transfer to some other place. It is also stated that Shri Teja Singh Dhaliwal, who was posted vice aforesaid Hira Lal Meena is also no more holding the post concerned because of his transfer and now one Shri Devendra Kumar Vyas is working as District Education Officer (Elementary), Bikaner.

(3.) TRUE it is, that powers of a writ court and the procedure of exercising such powers must be reasonable and fair and with such reasonability and fairness, a writ court may evolve its own mode to secure efficacy and edge of its orders, directions or writs issued. With a view to secure efficacy of a writ court and to avoid unnecessary procedural technicalities, which may reduce edge of a writ court, the Legislature by the Code of Civil Procedure (Amendment) Act, 1976 excluded proceedings under Article 226 of the Constitution of India from application of the Code of Civil Procedure.