Rajasthan High Court

CCP/492/2023 of NARESH KUMAR S/O SHRI OM PRAKASH SHARMA, Vs SHRI PAWAN KUMAR GOYAL, ADDITIONAL CHIEF SECRETARY, on 4 April 2025

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JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Civil Contempt Petition No. 492/2023 In D.B. Civil Special Appeal (Writ) No.663/2015 Naresh Kumar S/o Shri Om Prakash Sharma, Aged About 60 Years, R/o E-51 Jawahar Nagar, Bharatpur, Rajasthan. ----Petitioner Versus 1. Shri Pawan Kumar Goyal,

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

D.B. Civil Contempt Petition No. 492/2023

In

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

Naresh Kumar S/o Shri Om Prakash Sharma, Aged About 60

Years, R/o E-51 Jawahar Nagar, Bharatpur, Rajasthan.

----Petitioner

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1. Shri Pawan Kumar Goyal, Additional Chief Secretary, Education Department Secretariat, Jaipur, Rajasthan

2. Shri Gaurav Agrawal Director Of Secondary Education, Rajasthan Shiksha Sankul, J.l.n. Marg, Jaipur.

3. Shri Prem Singh Kuntal, District Education Officer, Secondary Headquater Bharatpur.

4. Shri Vinod Gupta Advocate, Secretary Managing Committee, Shri Surjeet Kanya Secondary School Bharatpur Rajasthan.

5. State Of Rajasthan Through Its Additional Chief Secretary, Secondary Education , Secretariat, Jaipur (Rajasthan.) ----Respondents For Petitioner(s) : Mr. D.P. Sharma Advocate. For Respondent No.4 : Ms. Aayushi Jain Advocate on behalf of Mr. J.K. Moolchandani Advocate. HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Judgment/Order 24/07/2023 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 disposed off vide order dated 01.12.2021 with direction for consideration and passing of speaking order.

(2 of 3) [CCP-492/2023] 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:-

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

(3 of 3) [CCP-492/2023] 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 SANJAY KUMAWAT-16

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