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Rajasthan HC Issues Notice To State's Chief Secretary In Contempt Plea Over Vacant Posts In State Women Commission

Sparsh Upadhyay
19 Jan 2022 1:27 PM GMT
Rajasthan HC Issues Notice To States Chief Secretary In Contempt Plea Over Vacant Posts In State Women Commission
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The Rajasthan High Court on Tuesday issued a notice to Chief Secretary, State Of Rajasthan and Principal Secretary Department Of Women And the Child Development State Of Rajasthan on a contempt plea filed regarding vacant posts in Rajasthan State Commission For Women.The bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani was hearing the contempt plea filed by a...

The Rajasthan High Court on Tuesday issued a notice to Chief Secretary, State Of Rajasthan and Principal Secretary Department Of Women And the Child Development State Of Rajasthan on a contempt plea filed regarding vacant posts in Rajasthan State Commission For Women.

The bench of Justice Sandeep Mehta and Justice Vinod Kumar Bharwani was hearing the contempt plea filed by a social worker Ishwar Prasad Khandelwal alleging that the state government had not taken any steps to constitute the Board of The Rajasthan State Commission for women in the state, despite giving an assurance in this regard before the Court.

The contempt plea

The contempt plea has been moved in the PIL filed in the year 2021 by the petitioner, wherein the Government had submitted before the High Court (on September 28, 2021) that it shall appoint the Chairman and members of The Rajasthan State Commission for women within a period of two months.

It may be noted that taking into account this submission of the state, the Court had, in September 28, 2021, disposed of the writ plea filed to fill the posts in the commission by observing thus:

"Accordingly, the writ petitions are disposed of with directions to the state government to appoint the Chairperson and the members of the Rajasthan State Commission for Women as mandated by a provision of section 3 of the Act, expeditiously in any case within a period of two months..."

Against this backdrop, averring that more than three months have been passed and the Respondents have failed to comply with the direction passed by the court, the petitioner filed the instant contempt plea by submitting thus:

"...not only the direction passed by this Hon'ble court is disobeying by the above Respondents but, they are violating section 3 of the Rajasthan State Commission for Women 1999, and also violating the article 15 ( 3 ) of Constitution of India in which the women and children are specially protected and now, due to unwillingness of the Respondents in the matter, the female members of Public of the State of Rajasthan are facing grave injustice to readdress their grievances before the Rajasthan State Commission for women."

Therefore, the plea further adds that the expedited constitution of the Board and the appointment of Chairman and Members of the Rajasthan State Commission for women in the State in Public Interest is necessary.

Further, alleging that contempt has been committed by the respondent within the meaning of Sec. 2(b) of the Contempt of Court Act, 1971, the plea has been filed. The Court has made the notice returnable on February 22.

Case title - Ishwar Prasad Khandelwal v. Shri Niranjan Kumar Arya and another

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