High CourtsDivision Bench(1993) 04 RAJ CK 0010

Smt. Sarla Devi vs Municipal Council and Others

Rajasthan High Court · Decided on 20 April 1993 · Citation: (1993) CriLJ 3524

HON’BLE JUDGES
R.S. Verma, J · Milap Chand Jain, J
RESULT
Dismissed
CASE NUMBER
Contempt Petition No. 205 of 1990

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Judgment

5 paragraphs · 169 words
1.

This is a petition u/s 12, Contempt of Courts Act, 1971 in respect of the following interim order passed in special appeal No. 82/92, Municipal Council, Jodhpur v. Smt. Sarla Devi on 2-4-90:

"Meanwhile, the petitioner shall be reinstated in service."

It has been stated in the contempt petition that the petitioner has not been paid her salary of the period from the date of termination to the date of reinstatement and this amount comes to Rs. 66,892/-; details are mentioned in statement Annex.-6.

2.

The petitioner admits that she is being regularly paid her salary from the date of her reinstatement i.e., 17-4-90. No direction has been given in the said order dated 2-4-90 for payment of back wages. Contempt proceedings are quasi criminal in nature. It cannot, therefore, be said that the respondents have disobeyed, what to say of wilfully disobedient the order dated 2-4-90. Thus there is no substance in the contempt petition.

3.

Accordingly, the contempt petition is dismissed. No order as to costs.