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2017 DIGILAW 1113 (RAJ)

Mahavir Singh Chauhan v. Rajasthan State Human Rights Commission

2017-05-01

M.N.BHANDARI

body2017
JUDGMENT : Mr. M.N. Bhandari, J. 1. 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 23rd March, 2017 passed by the District Collector (Vigilance) for recovery of Rs. 25,000/- imposed by the Human Rights Commission. 2. A complaint was filed by the petitioner stating that the District Education Officer vide order dated 12th April, 2013 merged 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. 3. I have considered the submission made by learned counsel for petitioner and perused the record. 4. 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 25th 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. 5. 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. 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. 6. I do not find any illegality in the order passed by the Human Rights Commission and accordingly, writ petition is dismissed.