Rajasthan High Court
Geeta Janu D/O Shri Magha Ram vs Shri Naveen Jain ... on 11 October, 2023
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2023:RJ-JP:28496-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil Contempt Petition No. 900/2023
In
D.B. Civil Special Appeal (Writ) No. 663/2015
Geeta Janu D/o Shri Magha Ram, Aged About 57 Years, Resident
Of 4/87, Housing Board, Jhunjhunu (Raj.)
----Petitioner
Versus
1. Shri Naveen Jain, Secretary, Department of Education,
Government of Rajasthan, Secretariat, Jaipur.
2. Shri Kana Ram, Director, Secondary Education, Education
Department, Bikaner,
3. Shri Harish Chandra Rohilla, Secretary, Management
Committee, Shri Rani Satiji Balika, Hr. Secondary School,
Jhunjhunu (Raj.)
4. State of Rajasthan, Through Secretary Department of
Education, Govt. Secretariat, Jaipur.
----Respondents
For Petitioner(s) : Mr. Pradeep Singh, Advocate
HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment / Order
11/10/2023
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:RJ-JP:28496-DB] (2 of 3) [CCP-900/2023]
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, Bikaner 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:RJ-JP:28496-DB] (3 of 3) [CCP-900/2023]
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.
(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),J
Mohita /40
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