Rajasthan High Court
Manoj Kumar Sharma S/O Shri ... vs Shri Shrilal Meena, Principal ... on 6 January, 2023
Bench: Manindra Mohan Shrivastava, Chandra Kumar Songara
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 494/2022
In
D.B. Civil Special Appeal (Writ) No.663/2015
Manoj Kumar Sharma S/o Shri Chandra Shekhar Sharma, Aged
About 59 Years, R/o V.P.O. Udaipuriya, Tehsil Choumu, District
Jaipur (Raj.).
----Applicant/Petitioner
Versus
1. Shri Shrilal Meena, Principal Secretary Department Of
Sanskrit College Education, Jaipur (Raj.)
2. Managing Committee, Shri Narmedheshwar Upper
Primiriary Sanskrit Vidhalaya Dhobalayi, Tehsil - Chomu,
District Jaipur Rajasthan through Secretary.
3. Dr. Dheeradram Ramshani, Director, Sanskrit Shiksha,
Rajasthan, Jaipur.
4. State of Rajasthan through Principal Secretary
Department of Sanskrit College Education Jaipur (Raj.).
----Contemnor-Respondents
For Petitioner(s) : Mr. Mukesh Pal Jadaun Advocate on
behalf of Mr. Arvind Sharma
Advocate.
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA
Judgment / Order
06/01/2023
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
(2 of 3) [CCP-494/2022]
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, Sanskrit
Shiksha, Rajasthan, Jaipur 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
(3 of 3) [CCP-494/2022]
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 Sanskrit College Education as also the private
school education officials shall be under an obligation to provide
necessary information, if any, demanded by Directorate of
Sanskrit Shiksha, Rajasthan, Jaipur 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
Sanjay Kumawat-4
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