Rajasthan High Court
Sushila Khanna W/O Sh. Bhagwat ... vs State Of Rajasthan ... on 7 August, 2023
Bench: Vijay Bishnoi, Ashutosh Kumar
[2023:RJ-JP:16950]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 559/2023
1. Sushila Khanna W/o Sh. Bhagwat Swaroop Khanna, Aged
About 75 Years, R/o 34/348, Sector No. 3, Pratap Nagar,
Sanganer, Jaipur (Raj.)
2. Santosh Bohra W/o Sh. Pramod Kumar (Since Deceased),
Aged About 71 Years, Through Her Husband Sh. Pramod
Kumar S/o Sh. H.k. Bohra, R/o B-222, Hari Marg, Malviya
Nagar, Jaipur (Raj.).
3. Sh. Satish Chand Chhabra Husband Of Late Smt. Laxmi
Chhabra, S/o Sh. Ram Swaroop Chhabra, Aged About 68
Years, R/o Flat No. 201, Second Floor, Quarter 246, Guru
Nankpura, Raja Park, Jawahar Nagar, Jaipur (Raj.).
----Petitioners
Versus
1. State Of Rajasthan, Through Principal Secretary, Higher
Education, Government Of Rajasthan, Rajasthan
Secretariat, Jaipur (Rajasthan).
2. Shri Bhawani Singh Detha, Principal Secretary, Higher
Education, Government Of Rajasthan, Rajasthan
Secretariat, Jaipur (Rajasthan).
3. Sh. Sunil Sharma, Commissioner College Education,
Government Of Rajasthan, Shiksha Sankul, Jawahar Lal
Nehru Marg, Jaipur (Rajasthan).
4. Shri Vimal Kumar Bhatia, Secretary Managing Committee,
Kanoria Mahila Mahavidhyalaya, Jawaharlal Nehru Marg,
Jaipur (Raj.) 302004.
----Respondents
For Petitioner(s) : Mr. Akhil Simlote
For Respondent(s) : Mr. V.B. Sharma, AAG with
Mr. Avinash Choudhary
HON'BLE MR. JUSTICE VIJAY BISHNOI
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Judgment / Order
07/08/2023
[2023:RJ-JP:16950] (2 of 3) [CCP-559/2023]
Heard.
After hearing learned counsel for the petitioners 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 petitioners 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 in respect of each of the contempt petitioners will have to be
passed by the concerned Directorate within a period of ten weeks
from today.
3. The orders in respect of each of the contempt
petitioners, which are required to be passed clearly stating
compliance of the order, shall be reported directly to the Registry
[2023:RJ-JP:16950] (3 of 3) [CCP-559/2023]
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 petitioners
were 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.
(ASHUTOSH KUMAR),J (VIJAY BISHNOI),J
MAHENDRA SINGH RATHORE / 5
Powered by TCPDF (www.tcpdf.org)
