Rajasthan High Court Takes Stern Action Against SDM for Judicial Disobedience
The Rajasthan High Court has taken a firm stand against judicial defiance by issuing a show-cause notice to a sub-divisional magistrate for repeatedly ignoring binding court orders in a sensitive case involving a senior citizen.
Court's Strong Rebuke and Immediate Actions
A single bench of Justice Anoop Kumar Dhand on Wednesday issued the notice to the sub-divisional magistrate II of Sanganer for what the court termed as "repeated and deliberate disobedience" of judicial directions. The case involves a 70-year-old widow who had filed an application under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
The court didn't stop at just issuing the notice. It ordered the immediate transfer of the case to the court of sub-divisional officer I (Sanganer) and directed its disposal within four weeks, ensuring the elderly petitioner wouldn't face further delays in justice.
Justice Dhand's Strong Observations
Justice Dhand made powerful observations during the proceedings, stating that defiance of court orders by a quasi-judicial authority amounted to gross misconduct. The judge emphasized that "no officer, regardless of rank, is above the law" and warned that such conduct strikes at the core of the rule of law.
The court further observed that the erring officer's actions rendered him liable for disciplinary proceedings, sending a clear message about the consequences of ignoring judicial mandates.
The Case Background: A Widow's Struggle for Justice
The case pertains to petitioner Kesar Devi, who had filed her application under section 23 of the Act before the Maintenance Tribunal at Sanganer in March, 2024. Despite proper notice being served and repeated listings for final arguments, the case remained undecided for months, forcing the elderly widow to approach the High Court.
The High Court initially directed the Jaipur SDM II (Sanganer) to decide the matter, preferably within a month, on November 11, 2024. When this order was completely ignored, the petitioner was compelled to approach the High Court again, leading to a second directive on May 15, 2025, with a warning that non-compliance would be viewed seriously.
Officer's Unjustified Inaction
Even after two explicit court orders, the officer failed to decide the case. When the court sought an explanation, it found the response unsatisfactory and noted that the officer had offered no justification whatsoever for ignoring the judicial directions.
Justice Dhand termed the conduct as "callous, casual and deliberate," observing that the officer appeared unwilling to decide the matter, thereby forcing an elderly widow to "run from pillar to post" for justice that was rightfully hers under the law.
Court's Final Directions and Future Proceedings
After hearing detailed arguments, the High Court issued specific directions:
- The errant officer must hand over complete case records within one week
- The officer must remain present before the court at the next hearing scheduled for February 12
- The case stands transferred to SDO I (Sanganer) for expeditious disposal
- A strict four-week timeline has been set for case resolution
This case highlights the judiciary's commitment to protecting the rights of senior citizens and ensuring that government officials, regardless of their position, adhere to judicial mandates and respect the rule of law.
