Swaminarayan B.Ed. College vs Ms. Kesang Yangzom Sherpa, Irs, Member ... on 8 February, 2022

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Delhi High Court - Orders

Swaminarayan B.Ed. College vs Ms. Kesang Yangzom Sherpa, Irs, Member ... on 8 February, 2022

Bench: Najmi Waziri

                              $~40 (1)
                              *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                              +     CONT.CAS(C) 2/2022

                                   SWAMINARAYAN B.ED. COLLEGE             .....Petitioner
                                              Through: Mr Ravi Kant, Advocate.

                                                       versus

                                   MS. KESANG YANGZOM SHERPA, IRS, MEMBER
                                   SECRETARY, NATIONAL COUNCIL FOR TEACHER
                                   EDUCATION AND ANR                      ..... Respondents
                                                Through: Ms. Kartika Sharma, Advocate for
                                                           NCTE.
                                   CORAM:
                                   HON'BLE MR. JUSTICE NAJMI WAZIRI
                                                ORDER

% 08.02.2022 The hearing was conducted through video conferencing.

1. The learned counsel for the petitioner submits that in terms of the order dated 07.10.2021 in W.P.(C)11511/2021, the WRC was to comply with the order of the Appellate Committee dated 10.09.2021, within ten days thereof. The same has not been done, constraining the petitioner to file this contempt petition.

2. Despite issuance of notice in the instant petition on 04.01.2022 and direction to the respondents to file the compliance affidavit within three weeks, the same has not been filed by the respondents.

3. The court is informed by the learned counsel for the respondents that a restoration order has been issued.

4. Be that as it may, in the first instance, there is non-compliance of the order dated 07.10.2021, as well as for non-filing of the compliance Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:25.02.2022 18:17:42 affidavit within three weeks from the order dated 04.01.2022. The said non-compliance is unexplained and no response has been filed by the respondents, which shows a cavalier attitude of the respondents apropos this court's directions. Let the same be brought to the notice of the officers, who are immediately superior to the two respondents.

5. For the aforesaid non-compliance and wasting the court's time as well as constraining the petitioners to file this petition and expend monies, at this stage, a nominal cost of Rs.19,000/- is imposed upon the respondents. The petitioner seeks imposition of costs to be utilised for socially beneficial causes. Let the said costs be deposited with the DCF (South), GNCTD in two weeks. Depending upon the soil type and topography, Amaltas, Pilkhan, Papdi, Kachnaar, Goolar and Kala Siris/Safed Siris may be planted on the southern side of NH-24 along the road going towards NOIDA. The land forms a part of the river belt in the 'O' Zone. The said monies shall be deposited into the following bank account of DCF(South):-

Bank Name- State Bank of India, Ring Road, Lajpat Nagar Branch Code- 01188 A/c Name- South Forest Division A/c No. - 30046182563 IFSC Code- SBIN0001188 MICR Code-110002107

6. Each tree shall have a minimum of two-years' nursery-age and a trunk height of six feet. A compliance affidavit, along with photographs showing before and-after plantation, duly protected by tree-

Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:25.02.2022 18:17:42

guards/fences, shall be filed both by the DCF concerned and the respondents. Community participation in the plantation and maintenance of the trees may be encouraged. Copy of this order be served upon DCF (South), GNCTD.

7. A copy of this order be also served upon Mr. Gautam Narayan, ASC, GNCTD, (e-mail:[email protected]; Mob. 9811411735), who has been assisting the court in number of cases apropos plantation of trees throughout the city, upon costs being levied on parties. Coordination in this regard may be done with him.

8. Once the trees are planted in coordination with the land-owning agency, the Executive Engineer (or an officer of an equivalent rank), shall ensure that they are duly watered and nursed for the next one year. The land falls in the Yamuna River basin and will only add to recharging of the ground water.

9. Responsibility shall be fixed on account of non-compliance as well as for recovery of the said monies from the salaries of the officer(s) concerned, who may be so found responsible. The said costs be deposited by the respondents within two weeks, failing which the respondents shall be present in the court on the next date.

10.The petition is disposed-off in terms of the above.

11.The order be uploaded on the website forthwith.

NAJMI WAZIRI, J FEBRUARY 08, 2022/rd Signature Not Verified Digitally signed By:KAMLESH KUMAR Signing Date:25.02.2022 18:17:42

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Delhi High Court - Orders