GORAKHRAM RAMPROTAP TRUST AND OTHERS Vs. MR. NARESH PAL GANGWAL AND OTHER
LAWS(RAJ)-2018-8-138
HIGH COURT OF RAJASTHAN
Decided on August 27,2018

Gorakhram Ramprotap Trust And Others Appellant
VERSUS
Mr. Naresh Pal Gangwal And Other Respondents

JUDGEMENT

ALOK SHARMA,J. - (1.) Non compliance with the order dated 20-11-2015 passed in SBCWP No.6624/2009 has been alleged in this contempt petition. The said petition was disposed of in terms of the judgment dated 6- 11-2015 in DB Civil Special Appeal (W) No.663/2015, State of Rajasthan v. The Managing Committee Shri Bhagwan Das Todi College .
(2.) Mr. Krishna Verma, appearing for the petitioners submitted that following the order dated 20-11-2015, the petitioners vide letter dated 20-2-2016 submitted all relevant documents and requested to release of sanctioned grant-in-aid on account of outstanding salary of employees working on sanctioned posts as per 5th pay commission and 6th pay commission, their selection grade at the end of 9-18-27 years of service and PL encashment as well as outstanding grant-in-aid all aggregating to an amount of Rs. 1,70,33,340/- upto the financial year 2011-12. Some enquiries thereon were made by the respondents, which were answered and Due drawn statement was submitted on 20-5-2016. Mr. Krishna Verma submitted that despite the due drawn statement and other requisites submitted the respondents have failed to comply with the directions of this court in the case of Bhagwan Das Todi (supra) based on which the petitioners' writ petition was disposed of on 20- 11-2015. That tantamount to contempt of court, Mr. Krishna Verma submitted and while the respondents be required to purge. And in the alternative they be punished.
(3.) Reply to contempt petition has been filed. Mr. S.K. Gupta AAG submitted that on verification of the due drawn statement submitted following the court's order dated 20-11-2015, an amount Rs. 1,43,91,733/- as found payable in the aggregate for and on all heads has been paid to the petitioners on or about 1-1-2018. In this view of the matter no contempt of the order dated 20-11-2015 as alleged is made out and the contempt petition is being used "in terrorem" to extract amounts of grant-in-aid not due/outstanding. Mr. S.K. Gupta further submitted that in any event the issue in this contempt petition is effectively an accounting dispute, for whatever its worth, which cannot be addressed in the jurisdiction the courts currently exercises, and the petitioner if aggrieved of short payment should resort to a suit for rendition of accounts.;


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