Full Judgment
11. h March, 2013 HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN HON'BLE MR. JUSTICE ARUN BHANSALI Dr. Ganpat Ram Kaler, CM&HO, Nagaur, present in person. Dr. Ganpat Ram Kaler, Chief Medical and Health Officer, Nagaur, is present in person on behalf of appellants. This Special Appeal is directed against order dated 19th February, 2013 passed by learned Single Judge in S.B. Civil Contempt Petition No.534/2009. Registry has pointed out a defect that parties in Special Appeal have not been made as per impugned order of Single Bench. We have examined the order passed by learned Single Judge. It appears from the cause title of the contempt petition that a contempt petition was preferred by writ-petitioner Chhotu Ram against contemnor-respondents, Shri Basant Kumar, Additional Director and Shri Akhilesh Mathur, Chief Medical and Health Officer, Nagaur. The order dated 19th February, 2013, impugned in this Special Appeal, is presumed 2 SAW No.121/2013 to have been passed against contemnor-respondents, namely, Shri Basant Kumar and Shri Akhilesh Mathur. The present Special Appeal has not been filed by Shri Basant Kumar and Shri Akhilesh Mathur, but it has been filed by State of Rajasthan and Chief Medical and Health Officer, Nagaur, who were not parties independently by designation only, in the contempt petition. Since both the contemnor-respondents have not preferred any appeal, therefore, present appeal on behalf of State of Rajasthan and Chief Medical and Health Officer, is not maintainable. Dr. Ganpat Ram Kaler submitted that at present he is holding a post of Chief Medical and Health Officer, Nagaur, but he was not impleaded as a party/respondent/contemnor in his name in the contempt petition. Since, he is holding the post of CM&HO, therefore, as per directions of the State Government, he has signed on the affidavit filed in support of stay application as an Officer-Incharge. Dr. Kaler further submitted that Shri Basant Kumar, the then Additional Director, has already been transferred from the post of Additional Director. He has also submitted that Shri Akhilesh Mathur, the then CM&HO has also been promoted on the post of Additional Director, but writ-petitioner, Chhotu Ram did not implead the present Additional Director and CM&HO as party / respondents/contemnors in the contempt petition, since they were not impleaded as parties, therefore, they could not have preferred this appeal. Since present intra-court appeal has not been preferred by any of the contemnors/respondents, impleaded in 3 SAW No.121/2013 contempt petition, therefore, present Special Appeal on behalf of present appellants, who were not parties in contempt petition, is not maintainable, as the impugned order is presumed to have been passed against contemnors, who were impleaded as parties in the contempt petition. Therefore, we find that the registry has rightly pointed out a defect, which cannot even be cured. In these circumstances, we dismiss the Special Appeal as well as Stay Application, both, as not maintainable. (ARUN BHANSALI),J.
(NARENDRA KUMAR JAIN),J.
Sanjay , Jrpa S.No.