Rajasthan High Court
Mohini Rahar W/O Shri Hawa Singh vs Shri Bhawani Singh Detha on 17 August, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 649/2022
In
D.B. Civil Special Appeal (Writ) No.663/2015
1. Mohini Rahar W/o Shri Hawa Singh, Aged About 70 Years,
R/o E-2, Ganesh Colony, Vidhya Vihar, Pilani, District
Jhunjhunu, Rajasthan.
2. Banshidhar S/o Shri Badruram, Aged About 67 Years, R/o
Village And Post Ardawata, District Jhunjhunu, Rajasthan.
3. Kamleshwar Singh S/o Shri Chandagi Ram Bugalia, Aged
About 61 Years, R/o Village And Post Gidaniya, Via
Ardawata, District Jhunjhunu, Rajasthan.
4. Ramesh Kumar S/o Shri Madanlal, Aged About 48 Years,
R/o Village And Post Gidaniya, Via Ardawata, District
Jhunjhunu, Rajasthan.
5. Bhagveer Singh S/o Shri Prahlad Singh, Aged About 71
Years, R/o Village And Post Gidaniya, Via Ardawata,
District Jhunjhunu, Rajasthan.
6. Satyavir Singh S/o Shri Daduram, Aged About 69 Years,
R/o Village And Post Rampura, Tehsil Malsisar, District
Jhunjhunu, Rajasthan.
7. Smt. Manjula Sharma D/o Shri B.d. Upadhyaya, Aged
About 71 Years, R/o D-1 K-5, Krishna Colony, Jharkhand
Mode, Jaipur Rajastshan.
----Petitioners
Versus
1. Shri Bhawani Singh Detha, Secretary To The Govt.,
Department Of College Education, Secretariat, Jaipur.
2. Smt. Suchi Tyagi, Commissioner, College Education,
Rajasthan, Shiksha Shankul, J.l.n. Marg, Jaipur.
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3. Shri Sumer Singh, Secretary, Managing Committee Indira
Gandhi Balika Niketan College, Ardawta, District
Jhunjhunu.
4. State Of Rajasthan, Through Secretary, Govt. Of
Rajasthan, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ishwar Lal Jain Advocate.
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
17/08/2022
At the outset, learned counsel for the petitioners submits
that in a batch of contempt petitions, in which only allegation is
with regard to disobedience of the order passed in DB Civil Special
Appeal (Writ) No.663/2015 and batch of appeals decided on
06.11.2015, orders have been passed and the present case is also
arising out of the order as aforesaid.
We deem it appropriate to dispose off this contempt petition
also in terms of directions, which have been issued in Shri Banwari
Lal Bhukar & Another Vs. Anoop Khinchi, Commissioner, College
Education & Others. (D.B. Civil Contempt Petition No. 740/2016
and batch of contempt petitions and misc. applications decided
vide order dated 01.12.2021.
Accordingly, following directions are issued:-
Respondent No. 2, Commissioner, College Education,
Rajasthan is now required to proceed to release payments in
terms of the directions issued by this Court earlier on 06.11.2015
in D.B. Special Appeal (Writ) No.663/2015 and connected appeals
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and clarificatory directions issued subsequently in various
contempt petitions, reference of which has been made in order
dated 01.12.2021 passed in Civil Contempt Petition No. 740/2016
and batch of contempt petitions and misc. applications, without
further loss of time.
It shall be the obligation on the part of Respondent No. 2,
Commissioner, College Education, Rajasthan to immediately
release the dues payable to the petitioners as per the directions
issued by this Court from time to time and the directions which
have already been issued by the Supreme Court on 09.09.2021 in
the case of State of Rajasthan Vs. Manju Saxena and Ors.
(referred to in order dated 01.12.2021 passed in Civil Contempt
Petition No. 740/2016 and batch of contempt petitions and misc.
applications) wherein, the Supreme Court had directed compliance
to be made within a period of eight weeks.
A brief, but clear order regarding compliance of order of the
Court will have to be passed by Respondent No. 2, Commissioner,
College Education, Rajasthan within a period of ten weeks from
today.
The order in respect of the contempt petitioners, 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.
With the aforesaid observations and directions, the 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 this order, the benefits, which the petitioners were
entitled to, have not been released, this court may take very
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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.
(VINOD KUMAR BHARWANI),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
Sanjay Kumawat-9
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