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2025 DAILYLAW 29722 (RAJ)

GORDHAN SINGH S/O SHRI SHIV DAS SINGH v. SMT. APARNA ARORA

CCP/1016/2022 · 2025-09-18

Ganesh Ram Meena

Contempt Petitionbody2025

Judgment text

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[2025:RJ-JP:39544] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Contempt Petition No. 1016/2022 in S.B. Civil Writ Petition No.17937/2012 Gordhan Singh S/o Shri Shiv Das Singh, R/o Village And Post Shiwad, Tehsil Chouth Ka Barwada, District Sawai Madhopur. ----Petitioner Versus 1. Smt. Aparna Arora, Principal Secretary, Deptt. Of Panchayati Raj And Rural Development, Govt. Of Rajasthan, Secretariat, Jaipur. 2. Mr. Naveen Jain, Secretary, Deptt. Of Panchayati Raj. Govt. Of Rajasthan, Secretariat, Jaipur. 3. Mrs. Manju Rajpal, Secretary, Rural Development, Govt Of Rajasthan, Secretariat, Jaipur. 4. State Of Rajasthan Through Secretary, Panchayati Raj And Rural Development Department, Govt. Of Rajasthan Secretariat, Jaipur. ----Respondents For Petitioner(s) : Ms. Sukriti Kasliwal with Mr. Nareshwar Singh Shekhawat For Respondent(s) : Mr. Kapil Prakash Mathur, AAG with Mr. Prateek Saxena & Mr. Mahendra Pratap Singh HON'BLE MR. JUSTICE GANESH RAM MEENA Order 18/09/2025 1. This contempt petition has been filed by the petitioner alleging non-compliance of the order dated 15.02.2013 passed in S.B. Civil Writ Petition No.17937/2012. 2. Learned counsel for the petitioner submits that the Court had issued directions to initiate enquiry against the respondent No.4 in [2025:RJ-JP:39544] (2 of 4) [CCP-1016/2022] the writ petition, namely, Prem Prakash Sharma and further legal action in accordance with law so as to bring the culprits to book. She further submits that the respondents though, have initiated an enquiry and recovered certain amount from Sarpanch which is said to have been misappropriated of the Government funds but the respondents have not recovered the interest amount and have not lodged any complaint/FIR against the said person. 3. Learned counsel appearing for the respondents submits that the order of the Court has been complied with in true and spirit manner. 4. Heard. Considered the submissions made by counsel for the parties and perused material made available on record including the compliance report submitted by the respondents. 5. The petitioner had filed writ petition bearing S.B. Civil Writ Petition No.17937/2012 with a prayer to issue direction to the State authorities to initiate action against Prem Prakash Sharma (Sarpanch Gram Panchayat, Shiwad, Distrit Sawai Madhopur) with regard to irregularities and corruption made by him during his tenure as Sarpanch from 2005 to 2010. 6. The aforesaid writ petition was disposed of vide order dated 15.02.2013 with the operative part as under:- “Having regard to the facts of the case, instead of directly entertaining the writ petition, it is deemed appropriate to direct the Principal Secretary, Department of Panchayat Raj & Rural Development, Secretary, Jaipur to get the allegations against the respondent No.4, on representation of the petitioner to be filed by him, examined by appointing any other enquiry officer and take appropriate legal action in accordance with law at the earliest, so as to bring the culprits to book” [2025:RJ-JP:39544] (3 of 4) [CCP-1016/2022] 7. Earlier the petitioner has preferred S.B. Civil Contempt Petition No.155/2014 which came to be dismissed vide order dated 08.07.2016 with the observation that the respondents- authorities have complied with the directions of the Court. 8. The petitioner thereafter, preferred S.B. Civil Misc. Application No.29/2021 for recalling of the order dated 08.07.2012 passed in S.B. Civil Contempt Petition No.155/2014 and the said application was dismissed as withdrawn vide order dated 06.09.2022 with liberty to the petitioner to take appropriate legal remedy available to him. 9. The respondents have also submitted the compliance report/reply to the contempt petition. 10. As per the facts stated in the reply to the contempt petition, the respondents-authority under the provisions of the Rajashtan Panchayati Raj Act, 1994 and in view of the direction of the Court made vide order dated 15.02.2013, the State Government letter dated 23.04.2014 appointed Chief Executive Officer, Zila Parishad, Sawai Madhopur as Inspection Officer and thereafter, vide order dated 25.04.2014 constituted a Committee under the Chairmanship of Additional Chief Executive Officer, Zila Parishad, Sawai Madhopur. The said Committed submitted its enquiry report on 28.11.2014 whereby, the allegation against the then Sarpanch- Prem Prakash Sharma were found to be proved. 11. In view of the enquiry report, the findings were recorded against Prem Prakash Sharma under the provisions of Section 38(1)(b) of the Panchayati Raj Act, 1994 and further an amount of Rs.7,77,582/- has also been recovered from him. [2025:RJ-JP:39544] (4 of 4) [CCP-1016/2022] 12. Taking into consideration the aforesaid facts, this Court is of an opinion that the respondents have made substantial compliance of the order and this contempt petition is dismissed. 13. Notices stand discharged. (GANESH RAM MEENA),J Ashish Kumar /49