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2025 Supreme(RAJ) 1020

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
Mr. Manindra Mohan Shrivastava, CJ, Mr. Uma Shanker Vyas, J
PARMESHWAR JHA S/O TRAPTINARAYAN JHA – Appellant
Versus
SMT. POONAM – Respondent
CCP / 1075 / 2024



Advocates:
Mr. Ishwar Lal Jain, Mr. B.S. Chhaba, AAG, Mr. Hardik Singh, Mr. Munesh Bhardwaj

Court emphasizes compliance with prior orders regarding the release of dues to petitioners, mandating clear reporting and obligations for authorities.

Headnote:(A) Contempt of Court - Allegations of willful disobedience of an order - Contempt petition disposed of with directions for compliance with previous orders - Obligation placed on Commissioner, College Education to release dues to petitioners as per Supreme Court directions (Paras 2, 3).

(B) Compliance with court orders - Clear directives issued for reporting compliance regarding each contempt petitioner to the Registry of the Court (Paras 3, 4).

(C) Directions for information provision - Authorities mandated to provide necessary information for compliance (Para 4).

Facts of the case:
The contempt petition was filed alleging non-compliance with a court order dated 06.11.2015, prompting the court to issue directions for examining the petitioners' case in line with prior judgments.

Findings of Court:
The court directed the Commissioner, College Education to release dues and report compliance to the Registry.

Issues: The main issue addressed was the willful disobedience of previous court orders regarding the release of dues to petitioners.

Ratio Decidendi: The court emphasized the obligation of the Commissioner to comply with the directions issued by the court and the Supreme Court, highlighting the need for timely compliance.

Result: Contempt petition disposed of with directions.

Order :

1. The contempt petition has been filed alleging willful disobedience of an order passed by this Court on 06.11.2015.

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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