Rajasthan High Court
Dr. Raj Kumar Goyal, S/O Shri K.B. ... vs Shri Bhawani Singh Detha on 15 December, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 1134/2022
Dr. Raj Kumar Goyal, S/o Shri K.B. Goyal, Aged About 61 Years,
R/o Flat No. 222, Unique Sanghi Apartment, Mahaveer Nagar,
Tonk Road, Jaipur.
----Petitioner
Versus
1. Shri Bhawani Singh Detha, Secretary To The Govt.
Department Of College Education, Secretariat, Jaipur.
2. Shri Sunil Kumar Sharma, Commissioner, College
Education, Rajasthan, Shiksha Shankul, J.L.N. Marg,
Jaipur.
3. Shri Vikas Agarwal, Secretary, Managing Committee, Shri
Agarwal Shiksha Samiti, Ghatgate, Agra Road, Jaipur.
4. State Of Rajasthan, Through Secretary To The Govt.,
Department Of College Education, Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Ishwar Lal Jain, Advocate
For Respondent(s) : Mr. Prakhar Gupta, Advocate for
Dr. V.B. Sharma, AAG
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE VINOD KUMAR BHARWANI
Judgment / Order
15/12/2022
Mr. Prakhar Gupta, learned counsel on behalf of Dr. V.B.
Sharma, AAG enters appearance on behalf of Department of
College Education.
Let a copy of petition, if not already supplied, be supplied to
learned counsel for the Respondents.
Heard.
(2 of 3) [CCP-1134/2022]
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
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.
(3 of 3) [CCP-1134/2022]
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
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 /7
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