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2025 Supreme(RAJ) 503

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, MR. JUSTICE UMA SHANKER VYAS, J
GIRDHARI LAL MALI (SINCE DECEASED) – Appellant
Versus
SHRI KRISHNA KUNAL – Respondent
CCP / 259 / 2024



Advocates:
Mr. Pradeep Singh, Adv. Mr. B.S. Chhaba, AAG, with Mr. Hardik Singh, Adv. Mr. Sunil Kumar Singodiya, Adv.

A contempt petition alleging wilful disobedience of a judgment in rem is non-maintainable; compliance with court orders must be ensured.

Headnote:(A) Contempt of Court - Allegation of wilful disobedience of a court order - The contempt petition was deemed non-maintainable as it pertained to a judgment in rem delivered on 06.11.2015. The court directed the examination of the petitioner's case in accordance with prior directives issued in related matters. (Paras 2, 3)

(B) Compliance with Court Orders - The court emphasized the obligation of the Commissioner of College Education to release dues payable to petitioners and mandated clear orders regarding compliance for each contempt petitioner within specified timelines. (Paras 3)

Facts of the case:
The petitioner filed a contempt petition alleging non-compliance with a court order. The court decided to dispose of the petition with directions for compliance instead of issuing a notice.

Findings of Court:
The court directed that the case of the petitioner be examined in light of previous orders and emphasized compliance with court directives.

Issues: The main issue was whether the contempt petition was maintainable and the obligation of authorities to comply with court orders.

Ratio Decidendi: The court ruled that the contempt petition was not maintainable due to its nature as a judgment in rem and directed the authorities to comply with previous orders.

Result: Contempt petition disposed of with directions.

Order :

1. Mr. B.S. Chhaba, learned Additional Advocate General enters appearance and takes notice for respondent Nos.1 & 2. He also appears for State.

2. This contempt petition filed by the petitioner is not maintainable as it has been filed alleging wilful disobedience of the order passed wayback on 06.11.2015. The order passed by this Court was a judgment in rem.

3. The respondents shall consider the case of the petitioner. Instead of issuing notice on contempt, we are inclined to dispose of this petition with a direction that the case of the petitioner shall also be examined in terms of an order dated 01.12.2021 passed by this Court in the case of Shri Banwari Lal Bhukar & Anr. vs. Anoop Khinchi & Ors.- D.B. Civil Contempt Petition No.740/2016 and other connected matters wherein this Court had given detailed directions as below:-

“1. It shall be an obligation on the part of the Commissioner, College Education to immediately release the dues payable to the petitioners 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 in respect of each of the contempt petitioners will have to be passed by the concerned Directorate within a period of ten weeks from today.

3. The orders in respect of each of the contempt petitioners, which are 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.”

4. All the authorities including the Secretariat of the Department of College Education as also the private school education officials shall be under an obligation to provide necessary information, if any demanded by Commissionerate of College Education, towards compliance of the order which was passed earlier by this Court and in the case referred to hereinabove.

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