Mrs Tejinder Pal Gujral v. S Manjinder Singh Sirsa & Ors.

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 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:-

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 derecognise the schools. The order reads as under:-

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, 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 derecognise 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 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:-

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 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 lumpsum 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.

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.”

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 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:-

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 derecognized. 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 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 6th CPC have been made to the petitioners. As far as 7th 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.

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. 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 7th 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 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 abovementioned 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 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.

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 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.

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.