HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 983/2022
Bhuvnesh Bal Vidyalaya, Baran Road, Kota, Rajasthan Through
Its Director Shri Shankar Lal Sharma Son Of Shri Ramnarayan
Sharma Aged About 60 Years, Ex-Officio Member Of Managing
Committee Of The Petitioner Institution.
----Petitioner
Versus
1. Shri Pawan Kumar Goyal, Additional Chief Secretary,
Department Of Education, Secretariat, Jaipur.
2. Shri Gaurav Agarwal, Director, Secondary Education,
Government Of Rajasthan, Bikaner, Rajasthan.
3. Shri B. L. Sarwa, Chief Accounts Officer, Secondary
Education, Government Of Rajasthan, Bikaner, Rajasthan.
4. Shri Pradeep Choudhary, District Education Officer,
Secondary Education, Rawatbhata Road, Gumanpura,
Kota, Rajasthan.
5. State Of Rajasthan, Through Principal Secretary,
Department Of Education, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Prem Shanker Sharma, Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment / Order 15/12/2022 Heard.
After hearing learned counsel for the petitioner and going through the background of the case in which various orders came to be passed by this Court as also a detailed common order passed by this Court on 01.12.2021 in D.B. Civil Contempt Petition No. 740/2016 and batch of contempt petitions arising out of the (Downloaded on 22/12/2022 at 12:04:28 AM) (2 of 3) [CCP-983/2022] similar issue, at present, instead of initiating contempt proceedings against the respondents, we are inclined to dispose off this contempt petition also on the similar lines as the order passed on 01.12.2021 in D.B. Civil Contempt Petition No. 740/2016 and batch of contempt petitions with following directions:-
1. It shall be an obligation on the part of the Director of Secondary Education to immediately release the dues payable to the petitioner as per the directions issued by this Court from time to time and the directions which have already been issued by the Hon'ble Supreme Court on 09.09.2021 in the case of State of Rajasthan Versus Manju Saxena & Ors., Special Leave to Appeal (C) No. 13791/2019, wherein, the Hon'ble Supreme Court had directed compliance to be made within a period of eight weeks.
2. A brief, but clear order regarding compliance of the order will have to be passed by the concerned Directorate within a period of ten weeks from today.
3. The order which is required to be passed clearly stating compliance of the order, shall be reported directly to the Registry of this Court, which shall be placed before this Court under a separate registered case.
4. With the aforesaid observations and directions, this contempt petition, at this stage, is disposed off, however, with liberty to revive, if any grievance still remains unredressed.
We must make it absolutely clear that if ultimately we find that despite the order, the benefits, which the petitioner was entitle to, have not been released, this Court may take a very serious view of the matter and erring officials will have to be (Downloaded on 22/12/2022 at 12:04:28 AM) (3 of 3) [CCP-983/2022] proceeded against strictly in accordance with law resulting in all serious consequences, which the case may deserve.
All the authorities including the Secretariat of the Department of School Education as also the private school education officials shall be under an obligation to provide necessary information, if any, demanded by Directorate of Secondary Education, towards compliance of the order of the Court. Non-cooperation shall be treated as an act of over reaching the order of the Court.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),J Mohita /6 (Downloaded on 22/12/2022 at 12:04:28 AM) Powered by TCPDF (www.tcpdf.org)