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Judgment
This contempt petition has been filed by the petitioner for non-compliance of the order dated 23.03.2017 passed by this Court in S.B. Civil Writ
Petition No.2937/2016. while allowing the writ petition on 23.03.2017 following directions were passed by this Court, which is reads as under:-
Consequently, the present writ petition is allowed by issuing following directions:-
(a) That the respondents shall constitute an Expert Board, consisting of Orthopedition, and expert in field of rehabilitation of physically challenged
persons, an expert from the human resource department and another responsible officer from the organization to find, whether the petitioner who
made to the merit list in spite of disability can be deployed by the respondent organization or not.
(b) That the said Board after taking into consideration the entire matter, shall pass a reasoned, speaking order.
(c) That since the respondents have withdrawn/cancelled the appointment letter, without any application of mind, in a mechanical manner, without
affording any opportunity of hearing to the petitioner, compelling physically handicapped person to approach this Court, they are saddled with the cost
of Rs.25,000/-.
It is expected that in future, respondent organization shall act with compassion and humanitarian considerations towards physically disabled person.
The contemnors filed reply to the contempt petition and submitted that in compliance of the order passed by this Court cost of Rs.25,000/- was paid to
the petitioner and Expert Board was also constituted for examining the petitioner and other similarly are situated persons. The Board gives its report
which is placed on record as Annexure-9 and found the petitioner non suitable for appointment in question and pursuant to the report of the Medical
Board, the respondents have issued the reasoned and speaking order dated 28.11.2017 Annexure-10 as directed by this Court.
Being dissatisfied by the order passed by the respondents dated 28.11.2017, the petitioner prayed that the contemnors be summoned in the Court and
this Court on 13.05.2019 passed the following order:-
The petitioner has preferred this contempt petition wherein he states that compliance of court order dated 23.3.2017 has not been made in strict
terms.
Counsel for the respondent informed that in terms of the directions issued by this court an expert board has given an opinion that petitioner is not fit for
appointment on post of Technical Helper.
This court is not satisfied that the order has been complied with in strict sense. It is noticed that board has filed the report and same has been placed
on record dated 28.11.2017 which shows that the board instead examining the suitability of the petitioner itself, has further delegated the power to one
Sh.C.L.Khatik, TA to SE(ACC)AVVNL, Ajmer without any authority. Let the members of the Board remain present in court apart from Secretary to
explain as to why the court's order has be flouted. List on 20th May, 2019.
Again this Court, while hearing the contempt petition on 20.05.2019 passed the following order:-
Mr. Virendra Lodha, learned Senior Counsel appearing for the contemnors submits that the contermnors in terms of the order passed by this Court
are present including the team of doctors who had conducted the medical examination of the petitioner.
Personal appearance of the concerned Officers is dispensed with for future however, it is with the condition that they would comply with the Courts
order now in its true letter and spirit and the report shall be placed before this Court before the next date. List this case now on 31.5.2019.
In compliance of further directions issued by this Court, the respondents again examined the suitability of the petitioner and passed a reasoned and
speaking order in this regard on 24.05.2019.
The order dated 24.05.2019 is placed on record as Annexure-A along with application. Counsel for the petitioner submits that the respondents have
not complied with the directions issued by this Court vide order dated 23.03.2017, as the respondents have not considered the case of the petitioner's
candidature for alternative job in the corporation. Counsel further prayed that the respondents be punished for willful disobedience and deliberate non-
compliance of the judgment and order dated 23.03.2017.
Learned Senior counsel appearing for the contemnors submits that the case of the petitioner was considered by the Medical Board twice, first in
compliance of the order dated 23.03.2017 and second in compliance of the order in the contempt petition dated 20.05.2019 and the Board found the
petitioner non-suitable for the post of Technical Helper in the Electricity Department, in this regard the Board has again passed the order dated
24.05.2019.
Heard counsel for the parties and perused the record. In my considered view, the directions issued by this Court vide order dated 23.03.2017 have
been sufficiently complied with by the respondents by passing of the reasoned and speaking orders dated 28.11.2017 as well as 24.05.2019.
In that view of the matter, the contempt petition stands dismissed. All the pending applications stand disposed of.
However, the petitioner is at liberty to challenge the order dated 24.05.2019 passed by the respondents.