HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 909/2022
In
D.B. Special Appeal (Writ) No. 663/2015
In
D.B. Civil Contempt Petition No. 740/2016
Vashdev Khemchandani Son Of Late Shri Nandumal, Aged About
70 Years, Ex-UDC Seth Hiranand Bherumal Melwani Adarsh Girls
College, Ajmer, R/o Qu. No 3/70-71 Ajay Nagar, Ajmer.
----Petitioner
Versus
1. Ms. Suchi Tyagi, Commissioner, College Eduction, Shiksha
Sankul, JLN Marg, Jaipur.
2. Shri Sunil Butaney, Secretary, Managing Committee, Seth
Hiranand Bherumal Melwani Adarsh Girls College, Near
Magistic Cinema, Paroa, Ajmer.
3. Shri Sunil Butaney, Secretary, Adarsh Vidhya Samiti, Seth
Hiranand Bherumal Melwani Adarsh Girls College, Near
Magistic Cinema, Paroa, Ajmer.
4. State Of Rajasthan, Through Its Secretary, Higher
Education, Government Of Rajasthan, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Rajesh Kapoor, Advocate HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI Judgment / Order 04/11/2022 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 (Downloaded on 10/11/2022 at 09:05:36 PM) (2 of 3) [CCP-909/2022] 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 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 Commissioner, College 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 (Downloaded on 10/11/2022 at 09:05:36 PM) (3 of 3) [CCP-909/2022] serious view of the matter and erring officials will have to be 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 Higher Education as also the private school education officials shall be under an obligation to provide necessary information, if any, demanded by Commissionerate of College 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 /17 (Downloaded on 10/11/2022 at 09:05:36 PM) Powered by TCPDF (www.tcpdf.org)