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2025 Supreme(RAJ) 1035

HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. MANINDRA MOHAN SHRIVASTAVA, CJ, MR. JUSTICE UMA SHANKER VYAS, J
BHAWNA GROVER W/O AJAY KUMAR GROVER – Appellant
Versus
SHRI KRISHNA KUNAL – Respondent
CCP / 932 / 2024



Advocates:
Mr. Ishwar Jain, Mr. B.S. Chhaba, AAG with Mr. Hardik Singh

Court emphasized mandatory compliance with earlier orders and set timelines for reporting back to the court regarding contempt petitions.

Headnote:(A) Contempt of Court - Allegations of willful disobedience of a court order dated 06.11.2015 - Court directed examination of petitioners' case based on earlier orders, including those from the Supreme Court. (Paras 1-4)

(B) Compliance - The court emphasized that the Commissioner, College Education must release dues and provide compliance reports within specified timeframes. (Paras 3-4)

(C) Liberty to Revive - Petitioners granted the right to revive the petition if grievances remain unaddressed. (Paras 4)

Facts of the case:
The contempt petition alleges non-compliance with a judgment in rem, with the court opting for a directive rather than issuing a notice on contempt.

Findings of Court:
The court ordered the examination of petitioners' cases in light of previous directives and emphasized the obligation of the Commissioner, College Education for compliance.

Issues: The primary issue was the compliance with the court's order and the obligations of the authorities involved.

Ratio Decidendi: The court ruled that compliance with earlier orders is mandatory and set timelines for reporting back to the court.

Result: Contempt petition disposed of with directions for compliance.

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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