Presiding Officer Faces Disciplinary Action for Failing to Adhere to Court Orders; Case Reassigned to Ensure Swift Resolution
In a significant ruling, the Rajasthan High Court has transferred a senior citizen's maintenance application to a different authority due to repeated non-compliance by the presiding officer. The judgment, delivered by Justice Anoop Kumar Dhand at the Jaipur Bench, highlights the court's commitment to uphold the rule of law and ensure timely justice.
The case, filed by 70-year-old Kesar Devi, was initially submitted under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, before the Deputy District Collector & Magistrate, Jaipur II. Despite clear directives from the High Court to resolve the matter expeditiously, the presiding officer consistently failed to comply, resulting in significant delays.
Justice Dhand emphasized the importance of adhering to judicial directives, stating that disobedience constitutes gross misconduct. The judgment referenced the Supreme Court's decision in Union of India v. K.K. Dhawan (1993), underscoring the potential for disciplinary action against officers who neglect judicial orders.
The High Court has now transferred the case to Sub-Divisional Officer-I, Sanganer, Jaipur, with instructions to resolve the matter within four weeks. The original presiding officer has been issued a show-cause notice and is required to furnish an explanation for his actions, signaling potential disciplinary proceedings.
This case underscores the judiciary's role in ensuring compliance with legal procedures and protecting the rights of senior citizens. The court's decision serves as a reminder that no authority is above the law, and timely justice is paramount for maintaining public confidence in the judicial system.
Bottom Line:
Maintenance and Welfare of Parents and Senior Citizens Act, 2007 - Non-compliance of judicial directives by quasi-judicial authorities constitutes gross misconduct and warrants disciplinary action - Pending application of senior citizen transferred to another competent authority for expedited resolution.
Statutory provision(s): Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Article 227 of the Constitution of India
Kesar Devi v. Guddi Devi, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2845653
