Rajasthan High Court - Jaipur
Mahavir Singh Chauhan vs Raj State Human Rights Commission & Ors on 1 May, 2017
Author: M.N. Bhandari
Bench: M.N. Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT
JAIPUR
S.B. Civil (Miscellaneous) Writ Petition No. 5228/2017
Mahavir Singh Chauhan, aged 60 Years, (Retired Office Assistant
Superintendent), Son of Shri Gordhan Singh, by caste, Saini,
resident of Ward No. 15, Near Sarrafon-Ka-Kua, Ratangarh District
Churu (Rajasthan).
Petitioner.
Versus
1. Rajasthan State Human Rights Commission, Jaipur; through:
Its Chairperson, S.S.O. Building, Government Secretariat, Jaipur
(Rajasthan).
2. The State of Rajasthan; Through: The Chief Secretary,
Government of Rajasthan, Government Secretariat, Jaipur
(Rajasthan).
3. The Secretary, Department of Finance, Government of
Rajasthan, Government Secretariat, Jaipur (Rajasthan).
4. The District Collector, District Churu Government of Rajasthan,
Churu (Rajasthan).
Respondents.
_____________________________________________________ For Petitioner(s) : Mr. Hari Kishan Sharma For Respondent(s) :
_____________________________________________________ HON'BLE MR. JUSTICE M.N. BHANDARI Order 01/05/2017 By this writ petition, a challenge is made to the order dated 28th February, 2017 passed by the Human Rights Commission followed by an order dated 23 rd March, 2017 passed by the District Collector (Vigilance) for recovery of Rs.25,000/- imposed by the Human Rights Commission.
A complaint was filed by the petitioner stating that the District Education Officer vide order dated 12 th April, 2013 merged (2 of 3) [CW-5228/2017] Government Primary School, Arya Samaj, Ratangarh, Churu with that of Government Primary School, Ambedkar Nagar, Ratangarh, Churu. It was protested by the villagers. The building in which the school is to be run, is in a dilapidated condition. It is like a skeleton. The petitioner being office-bearer of Akhil Rajya Karamchari Sanyukt Mahasangh (Rathore) wrote a letter not to merge the school. The Government rather passed the order to shift the school in the building of Arya Samaj. The Human Rights Commission should not have dismissed the appeal. The school building is close to the railway line which may expose the students to any incidence. A prayer is accordingly made to set aside the impugned orders.
I have considered the submission made by learned counsel for petitioner and perused the record.
The order passed by the Human Rights Commission shows that a report was called from the District Collector, Churu. Therein, it was found that Government Primary School, Ambedkar Nagar, Ratangarh, Churu was running in the property owned by petitioner's wife Santosh Chauhan. She was getting rent of Rs.3857/- per month, whereas, Government Primary School of Arya Samaj, Ratangarh, Churu was running in the Government building thus no rent was payable. An order was passed on 25 th September, 2013 to merge Government Primary School, Ambedkar Nagar, Ratangarh with that of Government Primary School, Arya Samaj, Ratangarh, Churu and school to be run in the Government building. It was challenged by the petitioner due to loss of rental income to his wife.
(3 of 3) [CW-5228/2017] It is also found that Letter Head of the Akhil Rajya Karamchari Sanyukt Mahasangh (Rathore) was misused for filing of the complaint before the Human Rights Commission. A direction was accordingly given for necessary action. The Human Rights Commission found that a complaint has been filed for the benefit of wife. She was receiving the benefit in the shape of rental income. It was also found that complaint preferred by the petitioner was based on false statement and otherwise misusing the Letter Head of the Sangh thus penalty of Rs.25,000/- has been imposed.
I do not find any illegality in the order passed by the Human Rights Commission and accordingly, writ petition is dismissed.
(M.N. BHANDARI)J. FRBOHRA