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2025 Supreme(RAJ) 525

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, MR. JUSTICE UMA SHANKER VYAS, J
DR. MANGLA SHARMA W/O SHRI B.D. SHARMA – Appellant
Versus
DR. OM PRAKASH BAIRWA – Respondent
CCP / 1239 / 2024



Advocates:
Mr. Ishwar Lal Jain

Court emphasizes the obligation of authorities to comply with its orders and establishes a clear procedure for reporting compliance regarding the release of dues.

Headnote:(A) Contempt of Court - Allegation of disobedience of an order dated 09.08.2018 - Court directed examination of petitioners' case in accordance with prior orders and compliance directions from the Supreme Court - The obligation to comply with the orders of the Court is emphasized. (Paras 1-4)

(B) Compliance - The Court mandates that the Commissioner of College Education release dues payable to petitioners and report compliance within specified timelines. (Para 3)

(C) Contempt Petition - The Court disposes of the contempt petition with liberty to revive if grievances remain unaddressed. (Para 4)

Facts of the case:
The petitioners alleged non-compliance with a prior order of the Court regarding the release of dues. The Court opted to direct compliance rather than issue contempt notices.

Findings of Court:
The Court emphasized the obligation of authorities to comply with its orders and established timelines for compliance reporting.

Issues: The main issues addressed were the compliance with the Court's previous orders and the obligations of the concerned authorities.

Ratio Decidendi: The Court underscored the necessity for compliance with its orders and established a clear procedure for reporting compliance.

Result: Contempt petition disposed of with directions for compliance.

Order :

1. The contempt petition has been filed alleging disobedience of an order passed by this Court on 09.08.2018.

2. The order passed by this Court was a judgment in rem.

3. The respondents shall consider the case of the petitioners. Instead of issuing notice on contempt, we are inclined to dispose of this petition with a direction that the case of the petitioners 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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