Disposed

Kamta Prasad Mishra S/O Shri Late Muneshwar Mishra, v. Sh. Pawan Kumar Goyal

Rajasthan HC26 Jul 2023CCP/625/2023

Case brief

AI extract

What is this about?

The High Court of Rajasthan disposed of a contempt petition reiterating directions to the Directorate of Secondary Education to immediately release pension dues to the petitioner, referencing a Supreme Court order mandating compliance.

What did the court decide?

Release of pension dues to the petitioner and passing of a clear compliance order within ten weeks.

Kamta Prasad Mishra S/O Shri Late Muneshwar Mishra, Vs… — Contempt of Court | Rajasthan HC (2023)

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[2023:RJ-JP:15314-DB]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No. 625/2023

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

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Kamta Prasad Mishra S/o Shri Late Muneshwar Mishra, Aged About 72 Years, R/o B-25, G-1, Anukampa Green View Apartment, Singh Bhoomi, Khatipura, Jaipur (Raj.).

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----Petitioner

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Versus

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Sh. Pawan Kumar Goyal, Principal Secretary, Department Of School Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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Sh. Rohit Gupta, Principal Secretary, Department Of Finance, Govt. Of Rajasthan, Secretariat, Jaipur.

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Gaurav Agarwal, Director, Secondary Education, Rajasthan, Bikaner.

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Naresh Singhal, Ganeral Shri Secretary, Management Committee, Shri Agarwal Shiksha Samiti, Agrasen Katla, Agra Road, Jaipur (Raj.).

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State Of Rajasthan, Through Its Principal Secretary, Department Of School Education, Govt. Of Rajasthan, Secretariat, Jaipur.

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----Respondents

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For Petitioner(s) : Ms. Ankita Mishra Advocate. For Respondent No.4 : Mr. Anuroop Singhi Advocate with Mr. Tarun Verma Advocate.

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Judgment / Order

26/07/2023

Heard.

At this stage, learned counsel for the petitioner would submit that similar contempt petition, i.e, D.B. Civil Writ Petition No.740/2016 and batch of contempt petitions have earlier been

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[2023:RJ-JP:15314-DB]

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[CCP-625/2023]

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(2 of 3)

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disposed off vide order dated 01.12.2021 with direction for consideration and passing of speaking order.

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In view of the above, 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:-

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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.

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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.

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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

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[2023:RJ-JP:15314-DB]

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[CCP-625/2023]

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(3 of 3)

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proceeded against strictly in accordance with law resulting in all serious consequences, which the case may deserve.

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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.

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(PRAVEER BHATNAGAR),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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Sanjay Kumawat-26

Kamta Prasad Mishra S/O Shri Late Muneshwar Mishra, v. Sh. Pawan Kumar Goyal

Case brief

What is this about?

What did the court decide?

Kamta Prasad Mishra S/O Shri Late Muneshwar Mishra, v. Sh. Pawan Kumar Goyal

Case brief

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