HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 494/2022
In
D.B. Civil Special Appeal (Writ) No.663/2015
Manoj Kumar Sharma S/o Shri Chandra Shekhar Sharma, Aged
About 59 Years, R/o V.P.O. Udaipuriya, Tehsil Choumu, District
Jaipur (Raj.).
----Applicant/Petitioner
Versus
1. Shri Shrilal Meena, Principal Secretary Department Of
Sanskrit College Education, Jaipur (Raj.)
2. Managing Committee, Shri Narmedheshwar Upper
Primiriary Sanskrit Vidhalaya Dhobalayi, Tehsil - Chomu,
District Jaipur Rajasthan through Secretary.
3. Dr. Dheeradram Ramshani, Director, Sanskrit Shiksha,
Rajasthan, Jaipur.
4. State of Rajasthan through Principal Secretary
Department of Sanskrit College Education Jaipur (Raj.).
----Contemnor-Respondents
For Petitioner(s) : Mr. Mukesh Pal Jadaun Advocate on behalf of Mr. Arvind Sharma Advocate.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment / Order 06/01/2023 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 (Downloaded on 11/01/2023 at 12:13:21 AM) (2 of 3) [CCP-494/2022] 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 Director, Sanskrit Shiksha, Rajasthan, Jaipur 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 11/01/2023 at 12:13:21 AM) (3 of 3) [CCP-494/2022] 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 Sanskrit College Education as also the private school education officials shall be under an obligation to provide necessary information, if any, demanded by Directorate of Sanskrit Shiksha, Rajasthan, Jaipur towards compliance of the order of the Court. Non-cooperation shall be treated as an act of over reaching the order of the Court.
(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J Sanjay Kumawat-4 (Downloaded on 11/01/2023 at 12:13:21 AM) Powered by TCPDF (www.tcpdf.org)