Full Judgement
Delhi High Court
Tarvinder Singh & Anr. vs Jagdeep Singh Kahlon & Ors. on 26 February, 2024
Author: Navin Chawla
Bench: Navin Chawla
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 13.12.2023
Pronounced on: 26.02.2024
+ CONT.CAS(C) 131/2022 & CM APPL. 20843/2023
24042/2023, 31021/2023 & 61987/2023
MRS TEJINDER PAL GUJRAL ..... Petitioner
versus
S MANJINDER SINGH SIRSA & ORS. ..... Respondents
+ CONT.CAS(C) 1287/2016
SATNAM KAUR & ORS ..... Petitioners
versus
MANJIT SINGH GK & ORS ..... Respondents
+ CONT.CAS(C) 11/2017 & CM APPL. 34436/2021,
34437/2021, 34438/2021, 9718/2022 & 55391/2023
BALJEET SINGH & ORS ..... Petitioners
versus
MANJIT SINGH G K & ORS ..... Respondents
+ CONT.CAS(C) 277/2017 & CM APPL. 55392/2023
S BALJEET SINGH ..... Petitioner
versus
MANJIT SINGH G K & ORS ..... Respondents
+ CONT.CAS(C) 485/2017 & CM APPL. 51220/2019
SUNILA AULUCK AND ORS ..... Petitioners
versus
MANJIT SINGH GK AND ORS ..... Respondents
+ CONT.CAS(C) 712/2017
TAJINDER KAPOOR ..... Petitioner
versus
MANJIT SINGH GK & ORS ..... Respondents
+ CONT.CAS(C) 714/2019
CHARANIT SINGH SAHOTA ..... Petitioner
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 1 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
versus
MANJIT SINGH GK & ANR ..... Respondents
+ CONT.CAS(C) 112/2021
HARSHARAN KAUR KALSI ..... Petitioner
versus
SH.UDIT PRAKASH RAI & ORS. ..... Respondents
+ CONT.CAS(C) 193/2021 & CM APPL. 58285/2023
RAJNI NAIK ..... Petitioners
versus
S. MANJINDER SINGH SIRSA AND ORS ..... Respondents
+ CONT.CAS(C) 850/2023 & CM APPL. 32821/2023
SH.SUKHAN SHAH ..... Petitioner
versus
MR.HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 198/2021 & CM APPL. 42830/2023 &
42831/2023
SIMRANJEET KAUR & ORS. ..... Petitioners
versus
MANJINDER SINGH SIRSA & ORS. ..... Respondents
+ CONT.CAS(C) 595/2021
SMT JASWANT KAUR ..... Petitioner
versus
UDIT PARKASH RAI & ANR. ..... Respondents
+ CONT.CAS(C) 787/2021
PARVEEN BEHL ..... Petitioner
versus
UDIT PRAKASH RAI ..... Respondent
+ CONT.CAS(C) 788/2021 & CM APPL. 30758/2023
SATWANT KAUR SABHARWAL ..... Petitioner
versus
UDIT PARKASH RAI & ANR. ..... Respondents
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 2 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 861/2021
HEMA R NAIR ..... Petitioner
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 862/2021
HARVINDER KAUR ..... Petitioner
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 951/2021 & CM APPL 9084/2022
PARAMJEET SINGH ..... Petitioner
versus
UDIT PARKASH RAI AND ORS ..... Respondents
+ CONT.CAS(C) 16/2022 & CM APPL. 24574/2022,
24575/2022, 24584/2022 & 24585/2022
VINOD VERMA ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 403/2022
PUNITA KAUR ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 405/2022
T. P. SINGH ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 18/2022 & CM APPL. 24576/2022,
24577/2022 & 53037/2022
DALIP KAUR & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 19/2022 & CM APPL. 24578/2022,
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 3 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
24579/2022
PARAMJIT KAUR BATRA ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 21/2022 & CM APPL. 24572/2022,
24573/2022
JAGDEV SINGH ..... Petitioner
versus
KULWANT SINGH BAATH & ORS. ..... Respondents
+ CONT.CAS(C) 22/2022 & CM APPL. 24582/2022 &
24583/2022
HARVINDER KAUR JAGGI & ANR. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 20/2022 & CM APPL. 23784/2022 &
23785/2022
SATWANT KAUR SABHARWAL ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 28/2022
MANDEEP KAUR ..... Petitioner
versus
MANJINDER SINGH SIRSA AND ANR ..... Respondents
+ CONT.CAS(C) 29/2022
ANITA AWASTHI ..... Petitioner
versus
MANJINDER SINGH SIRSA AND ANR ..... Respondents
+ CONT.CAS(C) 32/2022
MOHANJEET KAUR .... Petitioner
versus
MANJINDER SINGH SIRSA AND ANR ..... Respondents
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 4 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 40/2022 & CM APPL. 24580/2022 &
24581/2022
PARVEEN BEHL & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 42/2022
HARMEET KAUR ANAND ..... Petitioner
versus
MANJINDER SINGH SIRSA AND ANR ..... Respondents
+ CONT.CAS(C) 43/2022 & CM APPL. 19070/2022 &
53812/2022
NAVDEEP ADEN & ORS. ..... Petitioners
versus
SATBIR SINGH & ORS. ..... Respondents
+ CONT.CAS(C) 50/2022
AMARJIT SINGH ..... Petitioner
versus
MANJINDER SINGH SIRSA AND ANR ..... Respondents
+ CONT.CAS(C) 63/2022 & CM APPL. 19082/2022 &
24568/2022
SURINDER KAUR PURI & ORS. ..... Petitioners
versus
SATBIR SINGH & ANR. ..... Respondents
+ CONT.CAS(C) 132/2022
MS BHUPINDER KAUR ..... Petitioner
versus
S MANJINDER SINGH SIRSA & ORS. ..... Respondents
+ CONT.CAS(C) 139/2022
MS SUNEETA VOHRA ..... Petitioner
versus
S MANJINDER SINGH SIRSA & ORS. ..... Respondents
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 5 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 138/2022 & CM APPL. 24570/2022
HARDAYAL SINGH ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 145/2022
SH. SWARN SINGH & ORS. ..... Petitioners
versus
MR. DALWINDER SINGH & ANR. ..... Respondents
+ CONT.CAS(C) 151/2022 & CM APPL. 24711/2022
BHARTI KAUR CHANI ..... Petitioner
versus
SCHOOL MANAGEMENT OF GURU HARKRISHAN
PUBLIC SCHOOL KALKAJI & ORS. ..... Respondents
+ CONT.CAS(C) 161/2022 & CM APPL. 24712/2022
ARVINDER KAUR KALRA & ANR. ..... Petitioners
versus
SCHOOL MANAGEMENT OF GURU HARKRISHAN
PUBLIC SCHOOL, KALKAJI & ORS. ..... Respondents
+ CONT.CAS(C) 185/2022
SARUTI PARKASH & ANR. .... Petitioners
versus
S HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 197/2022 & CM APPL. 22957/2022
MS RAVINDER KAUR BHATIA ..... Petitioner
versus
S MANJINDER SINGH SIRSA & ORS. ..... Respondents
+ CONT.CAS(C) 222/2022
MRS AMARJEET KAUR GROVER ..... Petitioner
versus
S. HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 328/2022
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 6 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
JASWANT KAUR ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 347/2022
SARABJIT KAUR BHATIA ..... Petitioner
versus
HIMANSHU GUPTA AND ORS ..... Respondents
+ CONT.CAS(C) 348/2022
DHARNI KANT JOSHI ..... Petitioner
versus
HIMANSHU GUPTA AND ORS ..... Respondents
+ CONT.CAS(C) 423/2022
GURVINDER KAUR ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 558/2022 & CM APPL. 30911/2023,
42828/2023, 42829/2023, 58735/2023 & 58736/2023
PARVINDER KAUR AND ORS ..... Petitioners
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 568/2022 & CM APPL. 42832-33/2023
SURINDER SINGH AND ORS ..... Petitioners
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 569/2022
RITU MALHOTRA ..... Petitioner
versus
SCHOOL MANAGEMENT OF GURU HARKRISHAN
PUBLIC SCHOOL, LONI ROAD & ORS. ..... Respondents
+ CONT.CAS(C) 574/2022 & CM APPL. 30882/2023
MOHANJEET KAUR & ORS. ..... Petitioners
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 7 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 587/2022
AMITA SAKSENA & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 591/2022 & CM APPL. 42826/2023,
42827/2023 & 55995/2023
VANDANA AND ORS ..... Petitioners
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 636/2022 & CM APPL. 32282/2022
PRAVEEN KAUR & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 765/2022 & CM APPL. 32454/2022,
12359/2023, 46681/2023 & 60693/2023
GURU HARKRISHAN PUBLIC SCHOOL STAFF
WELFARE ASSOCIATION (REGD) ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 766/2022
KULJEET KAUR ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 774/2022
REKHA VOHRA ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 776/2022
JATINDER KAUR BHATIA ..... Petitioner
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 8 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 778/2022 & CM APPL. 32807/2022
TARANBIR KAUR ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 1066/2022 & CM APPL. 22832/2023
RAMESH CHANDRA SHARMA & ORS. ..... Petitioners
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 1072/2022
NANKOO & ANR. ..... Petitioners
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 1096/2022
DHARAMPAL & ANR. ..... Petitioners
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 1103/2022 & CM APPL. 16927/2023
HARVINDER SINGH & ORS. ..... Petitioners
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 1120/2022
RAMESH & ORS. ..... Petitioners
versus
HIMANSHU GUPTA ..... Respondent
+ CONT.CAS(C) 1147/2022
VIJAY LAXMI & ORS. ..... Petitioners
versus
HIMANSHU GUPTA ..... Respondent
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 9 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 1163/2022
MANJIT KAUR @ MANJEET KAUR ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 1188/2022 & CM APPL. 56020/2022
RAJINDER SHARMA & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1200/2022 & CM APPL. 47700/2022 &
56205/2022
UPINDER SINGH & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1201/2022 & CM APPL. 55796/2022,
8656/2023 & 54449/2023
SUSHIL SHARMA & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1235/2022
DHARAMVIR SINGH ..... Petitioner
versus
HARMIT SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1236/2022 & CM APPL. 55799/2022 &
8342/2023
RAVINDER KAUR ..... Petitioner
versus
HARMIT SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1242/2022 & CM APPL. 56206/2022
BHUPINDER KAUR ..... Petitioner
versus
HARMIT SINGH KALKA & ORS. ..... Respondents
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 10 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 1255/2022 & CM APPL. 55797/2022 &
8343/2023
JASVINDER KAUR JOLLY ..... Petitioner
versus
HARMIT SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1256/2022
VEENA KUMARI SOOD ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1259/2022
KANWALJIT KAUR ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1281/2022 & CM APPL. 55798/2022 &
8605/2023
MANINDER KAUR NAGRA ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1349/2022 & CM APPL. 53388/2022
PARVINDER KAUR AND ORS ..... Petitioners
versus
HIMANSHU GUPTA AND ORS ..... Respondents
+ CONT.CAS(C) 1373/2022 & CM APPL. 54293/2022,
42990/2023 & 42991/2023
SURINDER KAUR WALIA AND ORS ..... Petitioners
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 32/2023
SATINDER KAUR CHHATWAL & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 11 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 115/2023
JASVINDER SINGH & ANR. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 156/2023
SATWANT KAUR ..... Petitioner
versus
SH.SATBIR SINGH & ORS. ..... Respondents
+ CONT. CAS(C) 250/2023 & CM APPL. 54849/2023
AMARJIT SINGH AND ORS ..... Petitioners
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 342/2023
HARDEEP KAUR ..... Petitioner
versus
S. HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 477/2023
PARMINDER KAUR CHANDHOK ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 478/2023
AMRIK SINGH ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 479/2023
ARVINDER KAUR ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 481/2023
JAIDEV SINGH KAPOOR ..... Petitioner
versus
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 12 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 482/2023
SANTOSH KUMARI ..... Petitioner
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 367/2023
TARWINDER KAUR & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 410/2023
JOGA SINGH AND ORS ..... Petitioners
versus
HIMANSHU GUPTA AND ORS ..... Respondents
+ CONT.CAS(C) 411/2023
TARVINDER SINGH & ANR. ..... Petitioners
versus
JAGDEEP SINGH KAHLON & ORS. ..... Respondents
+ CONT.CAS(C) 420/2023
HARMINDER KAUR ..... Petitioner
versus
DALJIT KAUR KHALSA ..... Respondent
+ CONT.CAS(C) 447/2023
RAVINDER KAUR SAWHNEY ..... Petitioner
versus
S. HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 580/2023
HARPREET KAUR ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 615/2023 & CM APPL. 54735/2023
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 13 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
PARAMJEET SINGH & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 617/2023 & CM APPL. 24004/2023
HARBANS KAUR AHLUWALIA ..... Petitioner
versus
SCHOOL MANAGEMENT OF GURU HARKRISHAN
PUBLIC SCHOOL INDIA GATE & ORS. ..... Respondents
+ CONT.CAS(C) 623/2023
BALWANT SINGH PLAHA & ANR. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 686/2023 & CM APPL. 26486/2023,
55558/2023
MANDEEP KAUR AND ORS ..... Petitioners
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 690/2023 & CM APPL. 53833/2023
PUSHPINDER KAUR & ORS. ..... Petitioners
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 788/2023 & CM APPL. 30758/2023
CHARANJIT KAUR ..... Petitioner
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 791/2023
SUJATA ZADOO & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 792/2023 & CM APPL. 30833/2023
GINNI AHLUWALIA AND ORS ..... Petitioners
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 14 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
versus
HARMEET SINGH KALKA AND ORS ..... Respondents
+ CONT.CAS(C) 1018/2023
SUDHA KATOCH & ANR. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1019/2023
AMARPREET KAUR RANA & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1050/2023 & CM APPL. 49063/2023
JASNEET KAUR & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1160/2023
MS.ANITA WALIA & ORS. ..... Petitioners
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1168/2023
PARMINDER KAUR & ANR. ..... Petitioners
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1199/2023
JATINDER KAUR KHANDPUR ..... Petitioner
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1238/2023
DALJEET KAUR BINDRA & ORS. ..... Petitioners
versus
HIMANSHU GUPTA & ORS. ..... Respondents
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 15 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
+ CONT.CAS(C) 1719/2023
NAVLEEN KAUR MAGGO ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 1720/2023
PARAMJEET KAUR ..... Petitioner
versus
HIMANSHU GUPTA & ORS. ..... Respondents
+ CONT.CAS(C) 835/2022 & CM APPL. 53810/2023
MANJIT KAUR ..... Petitioner
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
+ CONT.CAS(C) 1839/2023
MRS. SUKHWINDER KAUR & ORS. ..... Petitioners
versus
HARMEET SINGH KALKA & ORS. ..... Respondents
Memo of Appearance
For the petitioners:
Mr.Mohit Mathur, Sr.Adv. with Mr.J.S Bedi, Mr.Kuljeet Singh,
Mr.Amanpreet Singh Bhalla, Advs.
Mr.J.S Bedi and Mr.Kuljeet Singh Sachdeva, Advs.
Mr.Ankit Singh Sinsinwar, Adv.
Mr.Nikhilesh Kumar, Adv.
Mr.Chetan Anand, Mr.Akash Srivastava & Ms.Tejaswini Singh,
Advs.
Ms.Sumeet Kaur, Adv.
Mr.Atul Kumar and Mr.Abhimanyu Sharma, Advs.
Mr.Mangesh Naik and Mr.Ajay Kapur, Advs.
Mr.Charanpreet Singh, Adv.
Ms.Sonali Arora, Adv.
Mr.Kartik Malhotra and Mr.Darsh Bansal, Advs.
Mr.Parminder Singh Goindi, Adv.
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 16 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
For the respondents/contemnor
Mr.I.S.Alag, Sr. Adv. & Mr.Kirti Uppal, Sr. Adv. with Ms.Avneet
Kaur, Mr.Abhinash K. Mishra & Mr.Gaurav Kr. Pandey, Advs.
alongwith President and General Secretary of the DSGMC.
Mr.Naushad Ahmed Khan and Ms.Pragya Dubey, Advs. for DOE
Mrs.Avnish Ahlawat, Standing Counsel for GNCTD (Service) with
Mrs.Tania Ahlawat, Mr.Nitesh Kumar Singh, Ms.Laavanya Kaushil,
Ms.Aliza Alam, Mr.Mohnish Sehrawat, Advs.
Ms.Latika Chaudhary, Adv. for DOE
Mr.Yeeshu Jain, ASC, Ms.Jyoti Tyagi and Mr.Hitanshu Mishra, Advs.
for DOE.
Mr.Sujeet Kumar Mishra & Mr.Utkarsh & Mr.Pankaj Balwan, Advs.
for DOE
Mr.Gaurav Dhingra, Adv. for DOE.
Mr.V.Balaji & Mr.Nizamuddin, Advs. for DOE
Mr.Pankaj Balwan, Mr.Gaurav Prakash & Mr.Utkarsh, Advs. for
DOE.
Mr.Anupam Srivastava, ASC, GNCTD.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
JUDGMENT
1. These petitions have been filed complaining of the wilful and deliberate non-compliance by the respondents of the judgment and order dated 16.11.2021 passed by this Court inter alia in WP(C) 3746/2020 titled Shikha Sharma v. Guru Harkrishan Public School & Ors..
2. By the judgment dated 16.11.2021, a learned Single Judge of this Court allowed the batch of petitions filed by the teachers and the staff of the Guru Harkrishan Public School (hereinafter referred to as 'GHPS'), directing as under:-
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 17 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18
"25. Accordingly, these writ petitions need to be allowed and the respondent/ DSGMC / GBPS Society/ GBPS are directed to, re-fix the salaries and other emoluments of the petitioners under 6th and 7th CPC in accordance with the rules. It is made clear that the DSGMC / GHPS Society shall ensure the compliance of the orders passed by this Court. I take note of the submission made by Mr. Misra that neither DSGMC nor the GHPS Society in any case have any statutory liability under the provisions of the DSE Act / Rules to grant the benefits of the 6th and 7th CPC but the fact remains that the DSGMC was being represented by their functionaries in these proceedings and even the undertakings were given on behalf of DSGMC in the proceedings before this Court and as such cannot absolve itself, from ensuring that the benefits of the 6th and 7th CPC are given to the petitioners. This direction is in the facts of the cases more specifically where the claim of the petitioners is with regard to the grant of the benefit under the 6th and 7th CPC and connected issues. The petitioners shall also be entitled to arrears of pay in view or fixation of their pay under the 6th and 7th CPC, upto the date of payment subject to adjustment of salary already paid.
26. The arrears thereof under the 6th CPC shall be paid to the petitioners with interest at the rate of 6% per annum. The arrears of 7th CPC shall not carry any interest. The fixation of pay and arrears shall be made / paid within a period of six months from today. All retiral benefits shall also be fixed and released to the petitioners, who have retired from their service within six months from today. As an immediate assistance, the respondents / DSGMC / GHPS Society / GHPS shall release an amount of Rs 5 Lacs to each of the retirees within one month, subject to adjustment at the time of full payment. It is made clear that the failure to pay the amounts within six months as directed above shall entail payment of a higher interest of 9% per annum on the
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 18 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 arrears of both 6th and 7th CPC and retiral benefits.
27. On the issue of grant of transport allowance / dearness allowance, the DoE in consultation of the GHPS in which petitioners, who sought such relief are working shall pass order, by considering the orders in the cases being CONT.CAS.(C) 46/2016 dated January 09, 2017 and in W.P.(C) 2132/2011 dated March 06, 2013 and instructions, if any, and convey the decision to those petitioners, within 10 weeks from today. Similarly, the claim of some petitioners for MACP in W.P.(C) 6407/2018, W.P.(C) 11152/2019 and W.P.(C) 12006/2019 shall be decided by the DoE in consultation with the GHPS in which the petitioners, who sought such relief are employed and convey the same to those petitioners, within 10 weeks from today. If the benefits are payable, the same shall be released to the petitioners within six months thereafter."
3. The Department of Education (in short, 'DoE'), in compliance with the above judgment, passed an order dated 25.10.2022, directing the Governing Body of GHPS, to pay the Travel Allowance as also the Dearness Allowance (in short, 'DA') as per the 6 th and 7th Pay Commission (in short, 'CPC'). I may quote from the order as under:-
"Now therefore, keeping in view of the above and in compliance of Order passed by the Hon'ble High Court, Delhi in 93/2022 titled as "Governing Body of Guru Harkrishan Public School New Delhi Society & Anr. Versus Harvinder Kaur Jaggi and Ors.", all the schools run by managing committee of Governing Body of Guru Harkrishan Public School are hereby directed to ensure the following:
(i) Salary of its employees shall include T.A. as per the Sixth and Seventh Pay Commission as implemented in respect of employees of Govt.
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 19 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18
School subject to:
a) Transport Allowance shall not be admissible to the employees who have been provided free transport facility by the school.
b) The employees who have not been provided the transport facility by the school are entitled for the Transport Allowance.
c) The employees who are paying for commuting to their place of duty to the school for using its transport facility may be allowed the payment of Transport Allowance.
(ii) Salary of its employees shall include D.A as per the Sixth and Seventh Pay Commission as implemented in respect of employees of Govt. School."
4. The judgment dated 16.11.2022 was also challenged by way of Letters Patent Appeals, including in LPA No. 45/2022. The said batch of appeals was disposed of by the Division Bench of this Court vide its order dated 24.02.2023, recording the submission of the learned senior counsels for the GHPS and the Delhi Sikh Gurdwara Management Committee (hereinafter referred to as the 'DSGMC') that the payments as per the 6th CPC have already been made and as far as payments as per the recommendation of the 7th CPC are concerned, they would be submitting a schedule for processing the payments due in respect of the 7th CPC recommendation before the Single Judge where the present petitions are pending. I may quote from the order as under:-
"1. Learned Sr. Counsels for the Appellants have categorically stated before this Court that they have accepted the judgment delivered by the Learned Single Judge and payments as per the 6th Pay Commission have already been made.
2. The other side has opposed the submission
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 20 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 that the payments under the 6th Pay Commission have already been made.
3. Learned Sr. Counsels for the Appellant further stated that so far as the payments as per the recommendations of the 7th Pay Commission are concerned, they be granted a liberty to submit their pleas before the Contempt Court, and that they shall be submitting a schedule for processing payment due in respect of the 7th Pay Commission recommendation.
4. The aforesaid prayer was also opposed by the other side.
5. In light of the aforesaid, as Learned Senior Counsels appearing in the matters have made a categorical statement that they will be complying with the judgement delivered by the Learned Single Judge, no further orders are required to be passed in the present LPAs.
6. Accordingly, all the LPAs stand disposed of.
7. The other connected Contempt Petitions which are arising out of interlocutory orders passed in the LPAs also stand disposed of with a liberty to file fresh Contempt Petition in case need arises in future before the Learned Single Judge."
5. I have quoted the above order in detail as now it is apparent that the submissions made by the learned senior counsels for the DSGMC and GHPS (ND) Society were incorrect. Dues even as per the 6th CPC are yet to be paid. The learned senior counsel for the DSGMC and GHPS (ND) Society have contended before this Court that the above statement was confined only to the staff and the teachers who had filed the petitions which were disposed of by the judgment dated 16.11.2021. This Court, however, finds no such distinction being made amongst the petitioners and the non-petitioners, either in the judgment dated 16.11.2021 or in the order dated 24.02.2023 referred
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 21 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 hereinabove. I must, therefore, conclude that the statement made on behalf of DSGMC and GHPS (ND) Society before the Division Bench of this Court was false and incorrect.
6. When these contempt petitions were listed before this Court on 10.05.2023, the respondents- DSGMC and GHPS (ND) Society again gave an undertaking that all dues, arrears and salaries, to all the employees, irrespective of the fact whether they have filed a contempt petition or approached the court in the writ petition, will be cleared. This order is rather important to highlight the repeated contemptuous conduct of the respondents, and is therefore, reproduced hereinbelow in full:-
"1. The learned counsel for the Respondent has placed on record 37 (28 + 9) affidavits under two separate indexes, both dated 03.05.2023.
1.1. He states that these 37 affidavits pertain to twelve (12) schools, which are under the management of Delhi Sikh Gurudwara Management Committee („DSGMC‟). He states that these affidavits have been affirmed by the authorised signatories, of each of these twelve (12) schools, who operate the bank accounts of the said schools.
1.2. He states that in the said affidavits of undertaking given to this Court, the deponents have undertaken to unconditionally comply with the directions issued by the Court for payment of all dues, arrears and salaries, which are a subject matter of compliance in the present proceedings.
1.3. He states that in fact Mr. Harmeet Singh, whose affidavit is filed at serial no. 22 in the first index and Mr. Jagdeep Singh, whose affidavit is filed at serial no. 1 in the second index, are in addition the President and General Secretary of DSGMC respectively.
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 22 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18
1.4. He states that he will file a separate affidavit of Mr. Harmeet Singh in his capacity as the President of DSGMC and Mr. Jagdeep Singh in his capacity as the General Secretary of DSGMC, undertaking to unconditionally comply with the judgments, which are a subject matter of compliance in the present proceedings.
1.5. He states that in fact DSGMC had approached the Division Bench as an appellant in LPA No. 93/2022, LPA No. 97/2022 and another connected matters, wherein the learned senior counsel for the appellant on 24.02.2023, categorically stated before the Division Bench that DSGMC has accepted the judgment dated 16.11.2021 passed in the batch petitions, with W.P.(C) No. 3746/2020 titled as „Shikha Sharma v. Guru Harkrishan Public School & Ors.‟ being the lead matter.
1.6. He states that DSGMC has also accepted the directions issued in the judgments, which are subject matter of compliance in the present contempt petition.
2. The learned counsel for the Petitioners after perusing the affidavits have expressed an apprehension that the Respondents should not link the payment of arrears, dues and salaries with increment/non-increment of the school fees payable by the students.
3. In reply, learned counsel for the Respondent states that the undertaking in the affidavits is not subject to any conditions. He clarifies that the schools have applied to Directorate of Education („DOE‟) for increment of school fees and it will independently pursue its rights against the DOE for permitting the said increment of school fee. He, however, states on instructions that the issue of increment/non-increment of school fee, if any, will not be relied upon or cited as a reason or impediment for clearing the arrears, dues and salaries payable to the Petitioners.
3.1 He states that infact the Respondent,
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 23 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 Schools and DSGMC will be clearing the arrears, dues and salaries of all its employees, irrespective of the fact that whether they have filed a contempt petition or approached the Court in the writ petition.
4. He states that with respect to the salaries for the month of March and April, 2023, which continue to remain outstanding, he will take instructions before the next date of hearing, for regularising the same by making the entire payment within the month of May, 2023."
7. On 01.06.2023, this Court, recording the finding that the respondents are in deliberate default of the judgment dated 16.11.2021, issued show cause notice of contempt to Mr. Harmeet Singh Kalka, President, and Mr. Jagdeep Singh Khalon, General Secretary of DSGMC, as well as in their position as the Chairperson of GHPS, Tilak Nagar and GHPS-Dhakka Dhirpur respectively. By the said order, this Court further directed the DoE to take a decision whether the DoE wants the appointment of an Administrator or de- recognise the schools. The order reads as under:-
"1. The subject matter of these petitions is the wilful non-compliance of the judgments issued by this Court directing the Respondents, schools to clear the arrears of 6th Central Pay Commission („CPC‟), 7th CPC, Transport Allowance, („TA‟), Dearness Allowance („DA‟), Modified Assured Career Progression Scheme („MACP‟) and retiral benefits to be paid to the retired employees. In addition to arrears, the Respondents are statutorily required to pay salary to the Petitioners as per 7th CPC.
2. The Respondents states that they have accepted the judgments of this Court and admit their liability to make payment of arrears to the Petitioners and current payment as per 7th CPC.
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 24 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18
3. This Court while sitting on this roster has taken up for hearing these batch of petitions on 08.12.2022, 31.01.2023, 26.04.2023, 04.05.2023, 10.05.2023, 19.05.2023 and lastly today i.e., 01.06.2023; however, even as on date the Respondents have admittedly failed to even begin the implementation of the judgments. The Petitioners are being paid salaries at old rates and the Respondents have failed to implement 7th CPC.
4. In a telling state of affairs, the Respondents have been avoiding compliance in these proceedings by raising pleas to the effect that they have been unable to make any assessment of the arrears of due and payable to the Petitioners till date. Further, as noted above the Respondents have also not implemented the 7th CPC even prospectively, after passing of the judgments, with respect to the Petitioners herein.
5. Initially, taking the Respondents submission at their face value that they are ready and willing, to facilitate Directorate of Education („DoE‟) in order to compute the arrears as directed by this Court vide order dated 31.01.2023. This Court had granted sufficient time for this purpose and adjourned the matter to 26.04.2023.
5.1. However, DoE has filed its affidavit dated 25.04.2023 in CONT.CAS(C) 481/2023 placing on record the non-cooperation by the school authorities, which has disabled the DoE from computing the arrears.
5.2. The DoE has stated that the Respondent schools have failed to provide the information required for computing the arrears. At this stage, the Respondents for the first time raised a plea that they wish to re-examine their own data as they do not find it reliable and seek an extended timeline until July, 2023 for verifying their data.
6. The learned counsel for the Petitioner state that in addition to the aforesaid non- cooperation, the Respondents are also defaulting in paying monthly salaries to the
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 25 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 Petitioners (even at the old rate), in a timely fashion. The salaries are behind time and coercive measures are being taken against the Petitioners for maintaining these proceedings.
7. Upon analysis of the aforesaid facts, this Court is of the opinion that the Respondents are wilfully neither implementing the 7th CPC, disobeying the judgments of this Court and impeding the contempt proceedings by seeking adjournment on pleas which they have no intention of complying with.
8. The Petitioners are teachers/employees in the 12 schools, commonly known as Guru Harkishan Public School („GHPS‟). The said schools are under the management of Delhi Sikh Gurudwara Management Committee. („DSGMC‟). The Respondents during the hearing dated 10.05.2023 and 19.05.2023 while seeking extension of time to compute the arrears and implement the 7th CPC prospectively undertook to place on record the affidavit of undertaking of the President of DSGMC and the Secretary of DSGMC that all the arrears of the Petitioners will be paid.
9. However, after being called upon to place on record the affidavit of undertaking on behalf of DSGMC, the President and Secretary have not come forward to file the affidavits. Instead since 19.05.2023 procedural compliances have been cited as the reason for non-filing of the affidavits. It is therefore, clear to this Court that the adjournment sought on 04.05.2023, 10.05.2023 and 19.05.2023 was only with the object of stalling these proceedings. A copy of the instructions for the hearing dated 01.06.2023 as handed over by the counsel for the Respondents reads as under:-
"1. The Salary for the period upto 30.04.2023 has been cleared and transferred to all the staffs of all the 12 GHP School.
2. The school shall try to keep paying the salary of the staffs but no specific date can be committed for clearing the
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 26 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 dues. For example, the Salary for the period ending on 31.5.2023 shall be tried to be cleared in the month of June 2023 subject to the availability of funds but in June, 2023 schools will be closed for summer vacations and hence the schools I may not receive all the fee from all the students and hence the salary for the month of June 2023 may be delayed beyond July 2023 but the schools will keep on trying to clear the salary dues as early as possible. DSGMC shall also help the schools in the same manner as has been done by DSGMC in the past depending upon the availability of funds with DSGMC.
3. The meeting of Executive Board of DSGMC was convened on 29.5.2023 in which there was unanimity of the opinions of all the members of the Executive Board of DSGMC that subject to the availability of the funds with DSGMC, it (DSGMC) shall continue to provide all possible financial help to the schools in the same manner as has been done in the past so that schools may be able to clear the does/arrears/salary of all the staffs of all the GHP Schools as per judgment dated 16.11.2021 and other similar judgments enforcing the provisions of Section 10 of DSEAR. However, no concrete decision could be taken on the issue of filing of affidavits on behalf of DSGMC for the want of final figures of all the dues which are under process of calculations in terms of the affidavits given by the schools in these cases. However, appropriate decision shall be taken by the Executive Board of DSGMC after the receipt of all the financial figures of all the schools and DSGMC which shall be communicated to this Hon'ble Court and the appropriate affidavit shall also be filed by the DSGMC for which some
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 27 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 may be required upto the finalisation of the calculations.
4. On all the issues, the affidavits have already been filed by the schools which will be complied with. All the staffs shall be treated uniformly on the issue of clearing their dues irrespective of the fact as to whether they have filed any case or not."
(Emphasis supplied)
10. The content of the instructions as is evident is completely vague, noncommittal and fails to inspire any confidence in this Court that the Respondents or DSGMC have any intention to comply with the statutory obligations to implement 7th CPC or pay arrears and comply with the judgments of this Court.
11. The CONT.CAS(C) 131/2022 is the lead matter as all affidavits of the authorized signatories of the Respondents, school have been filed in this case. The Respondents have placed on record an affidavit dated 03.05.2023, under the cover of an index in which they have made some proposals for complying with the judgments, which are a subject matter of compliance. However, in view of the non-committal and indefinite nature of the proposals, the learned counsel for the Petitioner states that the said proposals are not acceptable to them and they seek enforcement of the judgments in letter and spirit.
12. In response, the learned counsel for the Respondents state that due to the paucity of funds, they are unable to comply with the judgment of this Court. It is trite law that Respondents cannot evade their responsibility and liability of paying monthly salary to the Petitioners on account of paucity of funds; especially since the Respondents continue to hold positions of authority and influence.
13. The Respondents despite the directions issued vide orders dated 10.05.2023 and 19.05.2023 have not been able to file the affidavits of Mr. Harmeet Singh Kalka,
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 28 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 President and Mr. Jagdeep Singh Khalon, General Secretary of DSGMC on the plea that the Executive Committee would like to first make an assessment of the financial liabilities before making a commitment. This stand taken today completely belies the statement made before this Court on 10.05.2023 where it was represented that DSGMC has accepted the judgment. This Court is not satisfied with the bona fide of DSGMC and the persons in control of the Respondent, schools.
14. Mr. Yeeshu Jain, Standing Counsel for Directorate of Education („DoE‟), states that in these circumstances where the school is unable to comply with its financial obligation, the DoE has two options i.e., either to appoint an Administrator for a duration of two (2) months or consider the derecognition of all the schools.
15. In this view of the admitted inability of the Respondent schools to pay the salaries of its employees, the DoE is directed to take appropriate decision, whether the DoE wants the appointment of an Administrator or de- recognise the schools, within a period of four (4) weeks from today and give immediate effect to the said orders.
16. This Court vide order dated 19.05.2023 observed that the Petitioners herein have been approached/coerced by the Respondents to waive off all the arrears, including arrears of the 7th CPC and have been threatened with transfer and other coercive actions. During the course of hearing today this Court has been apprised of the fact that the Respondents have transferred some of the Petitioners as a coercive measure for not adhering to management‟s demand of waving of all the arrears, including arrears of 7th CPC which are due and payable to the Petitioners.
17. After perusing the record of these petitions and looking at the conduct of the Respondents, specifically the unwillingness expressed by Mr. Harmeet Singh Kalka, President and Mr. Jagdeep Singh Khalon, General Secretary of
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 29 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 DSGMC in filing its affidavit, this Court is of the opinion that the Respondents are in wilful disobedience of the judgments and are stalling these proceedings to coerce the Petitioners to waive their rights to receive arrears. This Court deems it appropriate to now proceed with the contempt proceedings and issue show cause notice of contempt to Mr. Harmeet Singh Kalka, President and Mr. Jagdeep Singh Khalon, General Secretary of DSGMC and as well in their position as the Chairperson of GHPS, Tilak Nagar and GHPS- Dhakka Dhirpur respectively.
18. In this view of the matter Mr. Harmeet Singh Kalka and Mr. Jagdeep Singh Khalon are directed to remain present in Court on the next date of hearing for accepting the charges of contempt.
19. At this stage, the learned counsel for the Respondent states that in case Respondents comply with the judgments they may be given liberty to approach the Court for appropriate orders.
20. Needless to state that in case the Respondent will comply with the judgments of this Court, the present proceedings will be discharged.
8. Aggrieved of the above order, an appeal, being Cont. App.(C) 39/2023, titled Sh. Sarabjit Singh Virk & Ors. v. Mrs. Tejinder Pal Gujral & Anr., was filed. On 01.08.2023, the said appeal was disposed of by the Division Bench of this Court, passing the following order:-
"1. Learned Senior Counsel for the appellant submits that schedule of payment has already been proposed before the learned Single Judge and has been placed before the learned Single Judge for consideration.
2. Learned Senior Counsel for the appellant seeks leave to withdraw the appeal.
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 30 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18
Accordingly, the appeal is dismissed as withdrawn.
3. Consequently, interim order dated 12.07.2023 is vacated and the Directorate of Education is directed to place its decision in terms of para 15 of the impugned order before the learned Single Judge on the next date of hearing.
15. In this view of the admitted inability of the Respondent schools to pay the salaries of its employees, the DoE is directed to take appropriate decision, whether the DoE wants the appointment of an Administrator or derecognise the schools, within a period of four (4) weeks from today and give immediate effect to the said orders.
5. Needless to state that it would be open to the parties to avail of such remedy as may be available in law, if aggrieved by the deceased of the Directorate of Education.
6. Order dasti under signatures of the Court Master."
9. I must herein note that in the said Schedule given before the Division Bench of this Court in the appeals, the respondents had stated that they would start paying the prospective salary as per the 7 th CPC from September 2023. They also gave a Schedule wherein they offered to clear the dues of the 6th CPC, without any interest, in a phased manner, and that too, till November 2027. Clearly, the respondents were merely playing with this Court and the petitioners. There was never an intent to comply with the judgment dated 16.11.2021 of this Court, as now it is admitted that the respondents have not started paying the salary to the teaching and non-teaching
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 31 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 staff as per the 7th CPC and the said Schedule has been withdrawn by the respondents, blaming the petitioners for not accepting the same.
10. Exasperated with the continuous contemptuous conduct of the respondents, this Court, vide its order dated 21.08.2023, directed the respondents to at least start paying the current dues to the employees of the schools as per the 7th CPC. Even this order has not been complied by the respondents. Instead, an affidavit dated 21.11.2023 of Ms.Mandeep Kaur, Honorary Secretary of GHPS (ND) Society was filed. In her affidavit, she admits that the total principal amount (without interest) outstanding to be paid as arrears of salary since 01.01.2006 and as on 30.06.2023, is Rs.311,39,89,672/- (including 6th and 7th CPC).
11. While passing the blame for non-payment of dues on the previous Management and on the fact that none of the schools have been able to charge fees that can be said to be commensurate with the salary payable to the staff in accordance with the CPC entitlement, she tried to give a different statistical spin to the whole issue, by projecting the monthly deficit under different scenarios, which have been summarized by her as under:-
"p. That in view of the aforesaid data, it is clear that none of the school are even able to pay the salary at the current rate of 154% DA as per Sixth CPC and in this regard the total deficits of amounts of all the schools can be given as per the following details for all the 12 GHPS Schools which have been paid by including expenditures and payments to contractual staffs:-
S.No. Monthly Payments Monthly
Signature Not Verified
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By:SUNIL
Signing Date:26.02.2024
19:37:18
Deficits
(Rs.)
1. If paid at the rate of 154% 4,04,96,639 DA at 6th CPC.
2. If paid at the rate of 230% 6,44,00,042 DA at 6th CPC.
3. If paid at the rate of 46% 8,86,27,115 DA at 7th CPC.
12. She further states that DSGMC has been contributing to the schools for clearance of the arrears and for meeting other expenses, however, is facing its own financial crunch, which she explains as under:-
"w. The management of the schools and DSGMC are having the two sources only i.e. Donations to DSGMC and Fee received from the schools. The recent trend of the sources of funds of DSGMC and it‟s liabilities are as under:-
S.No Average Monthly Fund Amount (in Rs.) Flow pattern
1. Donations to DSGMC 13 Crore approx.
during last 12 months (upto June-July 2023) Expenditures of DSGMC 10.38 Crore during last 12 months approx.
(upto June-July
approx.2023)
Donations made by 3.38 Crore
Delhi Sikh Gurudwara approx.
Management Committee
to schools and
institutions created
under Section 24 of the
Delhi Sikh Gurudwara
Act, 1971 (upto June-
July 2023)
2. Total pending dues of 24.03 Crores (as
Bills of DSGMC which on 30th July
could not be paid due. to 2023)
the payments being
Signature Not Verified
Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 33 of 48
By:SUNIL
Signing Date:26.02.2024
19:37:18
made to schools.
13. Before adverting to the above defence of the respondents, series of orders that have been passed in the course of time and in relation to the dispute in question, deserve reference.
14. Much before the judgment dated 16.11.2021, the issue of payment of salary as per the 6th CPC was disposed of by a Division Bench of this Court vide its order dated 22.05.2015 passed in EFA (OS) 7/2014, titled Shambhu Nath Das & Ors v. Directors of Education, Govt of NCT & Ors., recording the undertaking of the GHPS (ND) Society as also DSGMC to clear all arrears of 6th CPC in all 12 schools in five instalments ending on 31.10.2016. The Division Bench of this Court, in fact, accepted the apology of the respondents and discharged them of the notice of contempt. The order is important and is reproduced hereinbelow:-
"1. Pursuant to the orders dated 30th April, 2015 and 19th May, 2015, two affidavits, dated 21st May, 2015 one by Shri Manjit Singh GK and another by Shri Manjinder S. Sirsa, President and Secretary of Delhi Sikh Gurudwara Managing Committee respectively, on identical terms have been filed before us. In these affidavits, the deponents have submitted that they have the highest regard for the majesty and dignity of the court and that they shall ensure that no action on their part would lower the same. The deponents also do not dispute the liability of the Guru Harkrishan Public School (New Delhi) Society to clear all dues in terms of the Sixth Pay Commission and have tendered undertakings to do so. We extract hereunder paras 3 to 5 of these affidavits containing the commitment on the part of the deponents to make good the dues under the Sixth Pay Commission to the
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 34 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 teachers of all schools being maintained by the Delhi Sikh Gurudwara Managing Committee:
"3. That Guru Harkrishan Public School (New Delhi) Society shall clear/settle all the arrears of Sixth Pay Commission in all its twelve Schools in five equal instalments as under:-
i) 30.07.2015.
ii) 31.10.2015.
iii) 31.01.2016
iv) 30.06.2016.
v） 31.10.2016.
4. In addition, the Guru Harkrishan Public School (New Delhi) Society shall make a corpus fund of Rs.2.5 crores which will be kept for utilization of the staff of any of the twelve Guru Harkrishan Public School for their emergent needs. A committee comprising of Mr. Rajiv Tyagi, Advocate, Mr. Jasmeet Singh, Advocate and a nominee of DSGMC will scrutinize the need of the applicant and direct disbursement of the amounts from this fund subject to the maximum available amount standing to the credit of that employee on account of arrears of Sixth Pay Commission.
5. That Guru Harkrishan Public School (New Delhi) Society and the DSGMC shall remain bound by their undertaking as given above."
(Emphasis by us)
2. We accept the undertakings given by Shri Manjit Singh GK and Shri Manjinder S. Sirsa given in their affidavits and they shall remain bound by the terms thereof. The Guru Harkrishan Public School (New Delhi) Society as well as the Delhi Sikh Gurudwara Managing Committee shall also remain bound by the undertakings given by these deponents on their behalf.
3. It has been submitted by Ms. Pratibha M. Singh, learned senior counsel appearing on
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 35 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 behalf of respondent nos.2 to 4 that it is not possible to give a quantification of the dues payable to the teachers for the reason that the proposal is to pay the amounts in instalments and that interest would require to be computed in terms of the judgment dated 6th March, 2013 on amounts which would diminish as and when instalments are paid. There is substance in the submission. However, there can be no difficulty in computation of the arrears of the principal amounts due and payable to the individual teachers and communication thereof to them. The respondent nos.2 and 3 are accordingly directed to affect the computation of the principal amounts due and payable to the individual teachers and inform the same to them on or before 1st July, 2015.
4. We are also informed by Mr. Rajiv Tyagi, learned counsel appearing for the appellants that several teachers (15 out of the appellants alone) have retired during the pendency of the litigation. He submits that so far as payments to these teachers are concerned, the respondents may be called upon to pay lump- sum amounts to them.
5. Inasmuch as a committee has been constituted in terms of para 4 of the undertaking on behalf of respondent nos.2 and 3, we are of the view that this committee can very well take care of the specific needs of individual teachers, including those which may arise on account of their retirements. It shall be open for the committee to consider the payments to such teachers on lump-sum basis or amounts in larger proportion than the other.
6. The above proposals and undertakings have emerged after this court was compelled to issue a notice initiating proceedings under the Contempt of Courts Act on 30th April, 2015. The noticees, who are present in court, in para 7 of their affidavit have tendered unconditional and unqualified apology for their failure to comply with the judgment dated 6th March, 2013.
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7. However, before parting with the case, we record our appreciation to the gesture finally emerging from the respondent nos.2 to 4 in their proposal to make payments to not only the appellants but to all teachers to whom amounts are payable under the Sixth Pay Commission. 8. In view of the above, it is directed as follows :
(i) The undertakings given by Shri Manjit Singh GK and Shri Manjinder S. Sirsa, President and Secretary of Delhi Sikh Gurudwara Managing Committee respectively, who are present in court, for themselves as well as on behalf of the respondent nos.2 to 4 are accepted. These deponents as well as the respondent nos.2 to 4 shall remain bound by the same. The respondents shall ensure compliance with the undertakings including those specifically given in paras 3 and 4 of the affidavits.
(ii) The unqualified and unconditional apology tendered by the noticees in para 7 of their affidavits is accepted. The contempt notice stands discharged.
(iii) In view of the above proposal and undertakings given by Shri Manjit Singh G.K. and Shri M.S. Sirsa, it is submitted by Mr. Rajiv Tyagi, learned counsel for the appellants that he shall not press CCP No.187/2013. The appropriate steps for withdrawal of CCP Nọ.187/2013 shall be taken by the appellants.
(iv) In case of any dispute with regard to the quantification of the amounts, liberty is given to the individual teachers to submit a representation in this regard to the Committee in terms of para 4 of the undertakings which Committee shall examine the same.
Acceptance of any payment by the teachers shall be without prejudice to the concerned teacher to invoke any legal remedy, if necessary, in case of a dispute with regard to quantification or otherwise.
The present appeal is disposed of in the above terms. The matter shall be listed for reporting compliance on 16th November, 2015."
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15. The respondents failed to comply with the above order and sought an extension of time to comply with the same. However, the same was refused by the Division Bench of this Court vide its order dated 16.08.2016, observing as under:-
"We are not inclined to grant any extension of time. The applicants /respondents must pay the arrears to its teachers / employees in terms of the consent order dated 22.05.2015. It is for the applicant society to raise funds and ensure that the solemn promise which they had made is adhere to and complied with. It should not be broken.
The applicants have stated that they are charitable organization, which requires funds for philanthropic purposes. This is, no doubt, appreciable, but the applicant society and the management must first ensure that their employees / teachers are paid as per law and they should not deviate from the statement made by them in the Court of Law on 22.05.2015.
The application is accordingly dismissed."
16. The respondents carried the matter to the Supreme Court, however, withdrew their Special Leave Petition, being SLP (C) 34749/2016, on 19.07.2017.
17. In the present batch of petitions, on 10.05.2023, this Court again recorded the undertaking of the respondents to unconditionally comply with the directions issued by the Court for payment of all dues, arrears and salaries. The learned counsel for DSGMC also stated that he shall be filing affidavits of Mr.Harmeet Singh Kalka in his capacity as the President of DSGMC and of Mr.Jagdeep Singh Kahlon in his capacity as the General Secretary of DSGMC, undertaking to
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 38 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 unconditionally comply with the judgment. The order has been quoted hereinabove.
18. The DSGMC, it appears had some second thoughts about the affidavits, and the following submissions were recorded on their behalf by this Court on 19.05.2023:-
"1. Mr. Gurmehar Sistani, the learned counsel for the Respondent states that his instructing counsel Mr. Abhinash Mishra is unwell and therefore, the matter may be put up on 01.06.2023, for further instructions. 1.1. He states that with respect to the affidavits to be filed by the President and General Secretary of Delhi Sikh Gurudwara Management Committee („DSGMC‟), the DSGMC has initiated steps for calling a meeting of the Executive Committee to seek their formal approval to enable them to file the said affidavits.
1.2. He states that the date on which the Executive Committee meeting is called and its agenda will be placed before this Court on the next date of hearing. He states the delay in filing the affidavit is only with the view to obtain approvals.
1.3. He states that the President and General Secretary have already filed their affidavits in their capacity as the representative of the School.
1.4. He states that with respect to the compliance of the directions for payment of salaries for the month of March and April, 2023; the salaries at „old rate‟ have been cleared for the months of March and April, 2023 for the branches at Hargovind Enclave, Loni Road and Vasant Vihar.
1.5. He states with respect to the remaining nine (9) Schools, the salaries for the month for March have been cleared at the „old rate‟ and the salaries for the month of April will be cleared on or before 31.05.2023. 1.6. He states that he will seek instructions
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19. The Court finally ran out of its patience and vide order dated 01.06.2023, held the respondents to be prima facie guilty of contempt and also directed the DoE to take a decision on appointing an Administrator or de-recognize the school. The order has been quoted hereinabove.
20. I am informed that in compliance with the above order dated 01.06.2023, the DoE has issued a notice to the schools and the GHPS (ND) Society to Show Cause as to why the schools should not be de- recognized. The DoE, however, expressed its inability to take over the Management of the schools.
21. It is important to note that aggrieved of the above order, the respondents carried the same in an appeal wherein, on 12.07.2023, the Division Bench of this Court in CONT.APP (C) 39/2023 passed the following orders:-
"1. Learned senior counsel for the appellants under instructions submits that appellants shall do the comprehensive calculation of dues payable to the staff and teachers and also furnish a proposed schedule for discharge of the said liability within a period of two weeks from today.
2. Issue notice. Notice is accepted by learned counsel appearing for respondent No.2. Notice shall issue to respondent No.1 in addition through counsel, who appears for respondent No.1 before the learned single Judge.
3. Learned senior counsel for the appellants under instructions submits that though the impugned order has been passed in a batch of matters, however, appeal has been filed in one
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 40 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 as the same was the lead matter. Petitioners are directed to serve the petitioners in other connected petitions through counsel.
4. Learned senior counsel for the petitioners further submits that petitioners are aggrieved direction by the single Judge to the Directorate of Education to take a decision with regard to either appointing an administrator or derecognising the school. Learned senior counsel submits that derecognition of the school would not serve any purpose and would cause hardship not only to the petitioners but also to the teachers and students.
5. Learned counsel appearing for respondent No.2, Directorate of Education submits that procedure of appointment of an administrator or derecognition requires following of the principles of natural justice and issuance of a show cause notice, which will take some time.
6. List on 01.08.2023.
7. In the meantime, till the next date of hearing, Director of Education is directed to defer any further proceedings in terms of the direction issued by the impugned order."
22. As noted hereinabove, the above appeal was later on withdrawn by the respondents on 01.08.2023.
23. When the matter came up before this Court, this Court by its order dated 21.08.2023 again recorded the statement of the learned counsel for the respondents that the payments of arrears under the 6 th CPC have been made to the petitioners. As far as 7 th CPC was concerned, this Court had directed that at least the current dues should be paid by the respondents to the petitioners and to other employees in a similar situation, in accordance with the 7th CPC. Even this order was not complied with.
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24. I have in extenso detailed the above orders only in order to show that this Court, including the Division Bench of this Court, has been extending repeated opportunities to the respondents to purge their contempt and to pay the legitimate and legal dues of its employees, including the teachers. The helpless employees and teachers have been repeatedly knocking on the doors of this Court and have been frustrated by the respondents by giving undertakings, which they had no intention and means to comply with. Such undertakings were given merely to buy time. Now, the blame is sought to be passed to the previous Managements, and by placing reliance on the order dated 02.06.2022 passed in the present batch of petitions, it has been contended that the persons in previous Managements have also been summoned in the present petitions and it is they who should be asked to purge their contempt.
25. While this Court would consider proceeding against the persons in the previous Management and seek their response on the steps that they had taken to ensure compliance with their undertakings given at that relevant time, it would not absolve the present Management of their failure to comply with the undertakings on behalf of the GHPS (ND) Society and the GHPS and the repeated orders of this Court.
26. The financial incapacity to clear the arrears and pay even the current dues, as pleaded by the respondents, only strengthens the belief of this Court that there is gross mis-management of the affairs of the schools, GHPS (ND) Society, and to some extent, even of the DSGMC. The religion of Sikhism preaches the ideals of honesty, compassion, humanity, humility, and generosity in everyday life.
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While there is no doubt that various philanthropic and charitable causes are being discharged by the community and its leaders, at the same time, it should be kept in mind that 'charity begins at home'. There is no point of such philanthropic activities and values when its own teachers and staff of the schools, who are helping to lay down the foundation of a good and progressive society by imparting education and instilling moral values to young students and helping in running the said institutions, are ill-treated and not given their rightful dues, on the other hand are rather made to suffer the agony of approaching this Court repeatedly for the same.
27. While there is no quarrel on the proposition that the contempt jurisdiction is ideally not for the purpose of enforcement of money decrees, at the same time, there cannot be any exception from the acceptance, obedience, and compliance of the orders passed by this Court in its writ jurisdiction. Non-compliance and disobedience of the orders of this court would only dislodge the faith of a litigant in this Court thereby disturbing and undermining the majesty of the Court. It would strike at the very root of the rule of law on which the judicial system rests. Judicial orders are bound to be obeyed at all costs and cannot be permitted to be circumvented.
28. The respondents- GHPS(ND) Society and DSGMC have been giving repeated undertakings to this Court that they shall be clearing the dues of their employees and paying them as per the 7 th CPC. These undertakings cannot be mere sheets of papers. The respondents could not have given them without any intent or means to comply with them. Equally, when they withdrew the appeals, as has been referred
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 43 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 hereinabove, they expressed their willingness to comply with the direction that was impugned. They cannot say that the directions impugned in these appeals, though have become final, are not enforceable or cannot be enforced.
29. In the exercise of contempt jurisdiction, the Courts have the power to enforce compliance with the judicial orders as also the power to punish contemnors for contempt. As held by the Supreme Court in Subrata Roy Sahara v. Union of India and Others, (2014) 8 SCC 470; and recently in Amit Kumar Das, Joint Secretary, Baitanik, a Registered Society v. Shrimati Hutheesingh Tagore Charitable Trust, 2024 SCC OnLine SC 83, the power of this Court while exercising jurisdiction under Article 215 of the Constitution of India is not confined to merely committing the Contemnor to imprisonment, it also extends to ensuring that the order is complied with and the benefit thereof passes to the person in whose favour the order is made.
30. The respondents have sought to contend that DSGMC is not responsible for clearing the dues. A bare reference to the above- mentioned orders, which have been reproduced by this Court in detail, would show that the above plea is merely to be noted to be rejected. This Court in its orders, while accepting the several undertakings filed on behalf of DSGMC, has held that DSGMC is equally responsible for the payments of the dues and for the compliance with the judgment dated 16.11.2021 of this Court.
31. Even otherwise, Section 24 of the Delhi Sikh Gurdwaras Act, 1971 casts a duty on the DSGMC inter alia to do all such things as may be incidental and conducive to the efficient management of the
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 44 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 affairs of educational and other institutions under the DSGMC to spread education, to establish educational institutions, and to render financial assistance to such educational institutions and societies. The Schools have been established in discharge of this function. There is also an all pervasive control of the DSGMC on the functioning of the schools. DSGMC, therefore, cannot claim any immunity or claim that they are not bound to comply with the judgment dated 16.11.2021 of this Court or be bound by their undertaking. The said judgment has been accepted by DSGMC and has attained finality and it is too late in the date to now contend to the contrary.
Directions
32. For the reasons which have been stated hereinabove, I find the respondents-Mr. Harmeet Singh Kalka, President and Mr. Jagdeep Singh Khalon, General Secretary of DSGMC guilty of having wilfully and intentionally failed to comply with the judgment dated 16.11.2021 of this Court and thereby having committed contempt of this Court. A notice to Show Cause on the quantum of punishment to be awarded to them is hereby issued.
33. As far as the persons manning the previous Management Committees, who were impleaded and issued notices vide order dated 02.06.2022 of this Court, they are directed to file their affidavit to Show Cause why they be not held guilty of having committed contempt of court and be punished for the same, within a period of four weeks from today.
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34. In the present case, the respondents- Mr. Harmeet Singh Kalka, President and Mr. Jagdeep Singh Khalon, General Secretary of DSGMC, and Ms. Mandeep Kaur, Honorary Secretary of GHPS (ND) Society have expressed their helplessness to comply with the judgment dated 16.11.2021 on account of lack of funds. They, therefore, do not deserve to be in the Management of either the GHPS (ND) Society or the DSGMC. However, before this Court directs their removal from the GHPS (ND) Society and/or the DSGMC, it is deemed appropriate to appoint an Auditor to conduct Forensic Audit of the accounts of GHPS (ND) Society and the 12 schools managed by it for the period commencing 01.04.2020 till 31.12.2023.
35. I hereby appoint Sethi & Mehra, Chartered Accounts, 80, Darya Ganj, New Delhi-110002, Phone No.23275798, 23289030 as the Forensic Auditor.
36. The Forensic Auditor shall be free to take all necessary action to look into the affairs and accounts of the GHPS(ND) Society and the respective schools, seek clarifications, give appropriate directions. All directions of the Forensic Auditor shall be binding on the GHPS(ND) Society and the twelve schools managed by it, DSGMC, and all persons in management or control thereof. Such persons shall be under a duty to provide all documents and other support to the Forensic Auditor and their representatives.
37. As noted hereinabove, DSGMC is equally responsible for the payment of such dues, including the arrears and interest. DSGMC shall, therefore, provide the necessary funds to the GHPS(ND) Society and to the Schools managed by it so as to ensure that henceforth the
Signature Not Verified Digitally Signed CONT.CAS(C) 131/2022 & CONNECTED MATTERS Page 46 of 48 By:SUNIL Signing Date:26.02.2024 19:37:18 employees are paid in accordance with 7th CPC and the arrears as per the 6th CPC, including interest, are cleared at the earliest.
38. It is further clarified that amongst other philanthropic activities that DSGMC claims to be conducting, the duty to discharge the dues of the employees, including the teachers of the GHPS (ND) Society and its schools, shall be primary in nature, meaning thereby that other activities, even if they are needed to be reduced or stopped, it shall be so reduced or stopped by the DSGMC in order to provide requisite funds to the GHPS(ND) Society and the schools to pay the dues, including arrears and interest, to the staff and the teachers of the schools.
39. As far as the arrears as per the 6th and the 7th CPC are concerned, the Forensic Auditor shall, looking into the financial affairs of the GHPS(ND) Society and the schools, suggest a schedule for the earliest payment of such dues to the employees and staff of the schools, in a phased manner.
40. In the meantime, any rent received, from any source whatsoever, by the GHPS (ND) Society, its schools, and/or DSGMC shall stand attached and shall be utilised only for the purpose of clearing the arrears of the 6th and the 7th CPC owed to the employees of the twelve schools managed by the GHPS (ND) Society.
41. The salary and other financial perquisites of the Members of the GHPS (ND) Society and the DSGMC shall also be withheld till further orders or till the entire dues of the employees, teaching and non-teaching staff, of the schools are fully paid.
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42. The Forensic Auditor shall submit its first interim report to this Court on or before 31.07.2024.
43. The adhoc fee for the Forensic Auditor is presently fixed as Rs.15,00,000/- (Rupees fifteen lakhs only) to be borne by the DSGMC.
44. List these petitions for further orders and directions on 12th August, 2024, before the Roster Bench.
NAVIN CHAWLA, J.
FEBRUARY 26, 2024/rv/am/RP Click here to check corrigendum, if any
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