Shri Veerendrapal Dwivedi S/O ... vs Shri Pawan Kumar Goyal, ...
2023 Latest Caselaw 1033 Raj/2

[2023/RJJP/000907]

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

               D.B. Civil Contempt Petition No. 65/2023

                                              In

            D.B. Civil Special Appeal (Writ) No. 663/2015

Shri Veerendrapal Dwivedi S/o Shri Shriram Dwivedi, Aged About
61 Years, R/o Sahyog Nagar, Bharatpur, Rajasthan.
                                                                            ----Petitioner
                                          Versus
1.        Shri Pawan Kumar Goyal, Additional Chief Secretary,
          Education Department, Secretariat, Jaipur, Rajasthan
2.        Sh. Gaurav Agarwal, Director of Secondary Education,
          Rajasthan, Shiksha Sankul, J.L.N. Marg, Jaipur.
3.        Dr. Lokesh Jindal, Secretary Managing Committee, Shri
          Sanatan Dharam Senior Secondary School, Ranjeet Nagar
          Bharatpur, Rajasthan.
4.        State      of    Rajasthan,          Through         Its     Additional    Chief
          Secretary,        Secondary          Education,         Secretariat,      Jaipur,
          Rajasthan.
                                                                         ----Respondents

For Petitioner(s) : Mr. D.P. Sharma, Advocate

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE GANESH RAM MEENA

Judgment / Order

31/01/2023

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

[2023/RJJP/000907] (2 of 3) [CCP-65/2023]

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 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

[2023/RJJP/000907] (3 of 3) [CCP-65/2023]

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.

(GANESH RAM MEENA),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /3

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