Disposed

Hemant Kumar Soni S/O Shri Dwarika Prasad Soni, v. Smt. Arpana Arora Principal Secretary

Rajasthan HC19 Aug 2023CCP/800/2023

Case brief

AI extract

What is this about?

The Court disposed of a contempt petition by directing the Director of Secondary Education, Bikaner, to immediately release dues payable to the petitioner within ten weeks and submit a compliance order to the Registry. The Court warned of serious consequences for non-compliance.

What did the court decide?

Direction to Director of Secondary Education, Bikaner to release dues and pass compliance order within ten weeks; liberty to revive.

Hemant Kumar Soni S/O Shri Dwarika Prasad Soni… — Education and Admissions | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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D.B. Civil Contempt Petition No.800/2023

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

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Hemant Kumar Soni S/o Shri Dwarika Prasad Soni, Aged About 52 Years, R/o Praga Sadan Behind Defence School, Ward No. 14, New Colony, Jhunjhunu (Raj)

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----Petitioner

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Versus

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Smt. Arpana Arora Principal Secretary, Department Of Education, Government Of Rajasthan, Secretariat, Jaipur

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Shri Pawan Kumar Goyal, Secretary, Department Of Education, Govt. Of Rajasthan, Secretariat Jaipur (Raj.)

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Shri Gaurav Agarwal, Director/Commissioner, Secondary Education, Bikaner (Raj.)

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Shri Seva Ram Gupta, Secretary, Management Committee, Paliram Brijlal Higher Secondary School, Surajgarh Mandi, Distt. Jhunjhunu (Raj.)

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----Respondents

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For Petitioner(s)

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: Mr. Pradeep Singh, Advocate

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HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

19/08/2023

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

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[CCP-800/2023]

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(2 of 3)

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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:-

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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.

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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.

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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.

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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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[CCP-800/2023]

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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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(ASHUTOSH KUMAR),J

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(MANINDRA MOHAN SHRIVASTAVA),J

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Karan/6

Hemant Kumar Soni S/O Shri Dwarika Prasad Soni, v. Smt. Arpana Arora Principal Secretary

Case brief

What is this about?

What did the court decide?

Hemant Kumar Soni S/O Shri Dwarika Prasad Soni, v. Smt. Arpana Arora Principal Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

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