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  • Contempt Petition

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    Abhishek Agarwal
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    1. In 2014, the Supreme Court ordered the school to pay all outstanding emoluments to two teachers within two months. 2. Five years later, the school has failed to comply with the order or file any affidavit with the court. 3. The petition seeks contempt proceedings against the school for deliberately disobeying the Supreme Court's order.

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    1. In 2014, the Supreme Court ordered the school to pay all outstanding emoluments to two teachers within two months. 2. Five years later, the school has failed to comply with the order or file any affidavit with the court. 3. The petition seeks contempt proceedings against the school for deliberately disobeying the Supreme Court's order.

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    © All Rights Reserved
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    824 views8 pages

    Contempt Petition

    Uploaded by

    Abhishek Agarwal
    1. In 2014, the Supreme Court ordered the school to pay all outstanding emoluments to two teachers within two months. 2. Five years later, the school has failed to comply with the order or file any affidavit with the court. 3. The petition seeks contempt proceedings against the school for deliberately disobeying the Supreme Court's order.

    Copyright:

    © All Rights Reserved
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    of 8

    IN THE SUPREME COURT OF INDIA

    CONTEMPT PETITION (CIVIL) No. _______/2019

    IN

    CIVIL APPEAL NO. 7970/2009

    In the matter of

    1. Neeru Narad Petitioner No. 1


    2. Varinder Kumari Petitioner No. 2

    Versus

    1. Managing Committee, Doaba Arya Respondent No. 1


    Senior Secondary School,
    Nawanshahr through its Manager
    2. Doaba Arya Senior Secondary Respondent No. 2
    School, Nawanshahr though its
    Principal

    INDEX

    S.NO. PARTICULARS PAGE NO

    PETITION FOR INITIATING CONTEMPT


    PROCEEDINGS UNDER ARTICLE 129 OF THE
    CONSTITUTION READ WITH ORDER XL OF
    SUPREME COURT RULES, 2013 AND RULE
    3(C) RULES TO REGULATE PROCEEDINGS
    FOR CONTEMPT OF THE SUPREME COURT,
    1. 1975 WITH AFFIDAVIT

    2.

    3.

    4.
    5.

    6.
    IN THE SUPREME COURT OF INDIA

    CONTEMPT PETITION (CIVIL) No. _______/2019

    IN

    CIVIL APPEAL NO. 7970/2009

    In the matter of

    1. Neeru Narad Petitioner No. 1


    2. Varinder Kumari Petitioner No. 2

    Versus

    1. Managing Committee, Doaba Arya Respondent No. 1


    Senior Secondary School,
    Nawanshahr through its Manager
    2. Doaba Arya Senior Secondary Respondent No. 2
    School, Nawanshahr through its
    Principal

    PETITION FOR INITIATING CONTEMPT PROCEDINGS UNDER


    ARTICLE 129 OF THE CONTITUTION READ WITH ORDER XL
    OF SUPREME COURT RULES, 2013 AND RULE 3 (C) RULES TO
    REGULATE PROCEEDINGS FOR CONTEMPT OF THE SUPREME
    COURT, 1975

    To,
    The Hon’ble Chief Justice of India
    And his Companion Justices of Supreme Court of India
    New Delhi

    The Special Leave Petition


    of the Petitioner above
    named
    MOST RESPECTFULLY SHOWETH:

    1. That the petitioner herein was the respondent in Civil Appeal No. 7970/2009,
    while the contemnors were the Management Committee and School. The
    Civil Appeal was filed by the State of Punjab along with other parties.
    2. That this Hon’ble Court by its judgement and order dated 24.09.2014 has
    allowed the Civil appeals of the State of Punjab along with the other parties
    and passed the order, the operative part of the said order is as under:-

    “…We were informed, that the private respondents came to be


    appointed by the Management of the Doaba Arya Senior Secondary
    School, Nanwanshahr, in the year 2002. We were also informed, that
    the private respondents have continued to be in the employment of the
    Doaba Arya Senior Secondary School, Nawanshahr, till date. No fault
    whatsoever lies with the private respondents. The fault, if at all, lies
    with the private respondents. The fault, if at all, lies with the
    management of the Doaba Arya Senior Secondary School,
    Nawanshahr. Unfortunately, the Management of the Doaba Arya
    Senior Secondary School, Nawanshahr, issued an advertisement in
    violation of the 1981 Rules. The procedure depicted in the 1981 Rules
    was also not followed while making appoinments, to the six vacant
    posts of JBT/ETT teachers. The management had required the private
    respondents to discharge their duties, without the prior approval of the
    State Government. The management should therefore bear the
    responsibility of shouldering the emoluments payable to the private
    respondents. We therefore, hereby direct the management of the
    Doaba Arya Senior Secondary School, Naeanshahr to pay all
    emoluments (If the same are still unpaid) to the private respondents,
    within two months from the date of receipt of a certified copy of this
    order”.
    Ture and correct copy of the order dated 24.09.2014 in civil appeal no.
    7970/2009 is annexed herewith as Annexure- P/1.
    3. That pursuant of the said order and judgement dated 24.09.2014 passed by
    this Hon’ble Court, the contemnors have not filed any undertaking by way of
    affidavit before this Hon’ble Court.
    4. That the contumacious conducts of the contemnor by not complying with the
    order dated 24.09.2014 passed by this Hon’ble Court is gross misconduct on
    the part of the contemnors.
    5. That even after a lapse of 5 years of the order dated 24. 09. 2014 passed by
    this Hon’ble Court, the contemnor has not dare to comply with the specific
    directions passed by this Hon’ble Court.
    6. That after a long wait of six months the petitioner has written a letter dated
    05.04.2016 to the contemnors regarding the payment of all emoluments in
    compliance of the order dated 24.09.2014 passed by this Hon’ble Court.
    True and correct copy of the letter dated 05.04.2016 written by the petitioner
    to the contemnors is annexed herewith as Annexure- P/2.
    7. That the contemnors have committed deliberate and willful breach of the
    specific directions passed by this Hon’ble Court. The petitioner prays for the
    condign punishment be imposed on them for their contumacious contempt.
    8. That the petitioner has been harassed by the deliberate and willful
    contumacious acts of the contemnors by not paying the emoluments of the
    petitioner.
    9. That the petitioner is on the verge of starvation on account of non-payment
    of emoluments of his hard earned money by the contemnors.
    10.That the petitioner is suffering financial constraints and taking loans from
    his friends and relatives for his survival of his family and day to day needs
    of his family members.
    11.That the contemnor is an affluent education institutional and has flourishing
    business in the field of education which is carried on under the name and of
    education which is carried on under the name and style of Doaba Arya
    Senior Secondary School. The deliberate harassement of the petitioner by
    the contemnors by not paying all the emoluments as directed by this Hon’ble
    Court vide order dated 24.09.2014 and thereby compelling the petitioner to
    file the present contempt petition against them.
    12.That totally shattered by the contumacious conduct of the magement of the
    school, the petitioner is compelled to file the present contempt petition
    against the contemnors.
    PRAYER

    The petitioner therefore humbly prays that this Hon’ble Court be graciously be
    pleased to initiate contempt of court proceedings against the contemnors for having
    deliberately flouted the judgement and order dated 24.09.2014 in Civil Appeal No.
    7970 passed by this Hon’ble Court.

    Pass any such and further order(s) as this Hon’ble Court may deem fit and proper
    under the facts and circumstances of the case as well as in the interest of justice.
    AND FOR THIS ACT OF KINDNESS, THE PETITIONER AS IS DUTY
    BOUND, SHALL EVER PRAY.

    DRAWN BY FILED BY

    HIMANSHU SHARMA HIMANSHU SHARMA


    ADVOCATES ADVOCATE ON RECORD
    FOR THE PETITIONER

    PLACE: NEW DELHI


    FILED ON:
    IN THE SUPREME COURT OF INDIA

    CONTEMPT PETITION (CIVIL) No. _______/2019

    IN

    CIVIL APPEAL NO. 7970/2009

    In the matter of

    Neeru Narad ...Petitioner

    Versus

    Doaba Arya Senior Secondary School,


    Nawanshahr through its Manager & Anr. ...Respondents

    AFFIDAVIT

    I, Neeru Narad W/o Sh. Arvind Narad, M.A.(Hindi), B.Ed., JBT Teacher ,
    Doaba Arya Senior Secondary School, Nawanshahr, presently at New Delhi, do
    hereby solemnly state on oath as under.
    1. That the deponent along with another petitioner is filing the present contempt
    petition before this Hon’ble Court, I am conversant with the facts and
    circumstances to swear this affidavit.
    2. That I have read and understand the contents of the accompanying contempt
    petition and the same has been drafted by my counsel under my instructions.
    3. That the annexures accompanying the contempt petition are true/photocopies
    of their respective originals.

    Deponent

    Verification:
    Verified at New Delhi on this _____________ that the contents of the above
    affidavit are true and correct to my knowledge. No part of it is false and
    nothing material has been concealed therefrom.

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