Rajasthan High Court
Kamini Chhatwani Wife Of Shri ... vs Ms. Suchi Tyagi on 4 November, 2022
Bench: Manindra Mohan Shrivastava, Vinod Kumar Bharwani
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 910/2022
In
D.B. Special Appeal (Writ) No. 663/2015
In
D.B. Civil Contempt Petition No. 740/2016
Kamini Chhatwani Wife Of Shri Chandersen Chhatwani, Aged
About 65 Years, Ex-Lecturer Seth Hiranand Bherumal Melwani
Adarsh Girls College, Ajmer, R/o 13, Krishan Kanhaiya Colony,
Malusar, Road, 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, 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
(2 of 3) [CCP-910/2022]
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.
We must make it absolutely clear that if ultimately we find
that despite the order, the benefits, which the petitioner was
(3 of 3) [CCP-910/2022]
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 /18
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