Satish Kumar Sharma S/O Shri ... vs State Of Rajasthan
2022 Latest Caselaw 7898 Raj/2

           HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       BENCH AT JAIPUR

                D.B. Civil Contempt Petition No. 1145/2022
Satish Kumar Sharma S/o Shri Ramdhan Sharma, R/o Raj Sadan,
Behind Munsif Court, Dayanand Colony, Ward No. 16, Karant Balaji Marg,
Ladnu, District Nagaur (Raj.)-341306.
                                                                    ----Petitioner

                                      Versus
1.      State Of Rajasthan, Through                  Secretary,   Department   Of
        Education, Secretariat, Jaipur.
2.      Mr. Gaurav Agarwal, Director, Secondary Education, Directorate
        Of Secondary Education, Bikaner (Raj.)-334001.
3.      Mr. Anil Paharia, Vyavasthapak, Managing Committee Shri
        Mahaveer Ucch Madhyamik Vidyalaya, Ladnu, District Nagaur-
        341306 (Raj.)
                                                                  ----Respondents

For Petitioner(s) : Mr. Mahendra Kumar Joshi, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Judgment / Order 19/12/2022

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 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

(2 of 2) [CCP-1145/2022]

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 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.

(CHANDRA KUMAR SONGARA),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /15

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