Gujarat High Court Case Information System
Print
MCA/117920/2000 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1179 of 2000
In
SPECIAL
CIVIL APPLICATION No. 2902 of 1996
=========================================================
JAYANTILAL
S THAKKAR - Applicant(s)
Versus
NB
DESAI & 4 - Opponent(s)
=========================================================
Appearance
:
MR
NV ANJARIA for
Applicant(s) : 1,
MS HB PUNANI, AGP for Opponent(s) : 1 - 2, 4,
MS
SEJAL K MANDAVIA for Opponent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE R.P.DHOLAKIA
and
HONOURABLE
MR.JUSTICE DN PATEL
Date
: 27/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE DN PATEL)
Present
application has been filed for initiating action against the
respondents under the Contempt of Courts Act, 1971 for the alleged
breach of an order passed by this Court dated 23rd and
24th March, 199 in Special Civil Application No.2902 of
1996. Relevant part of the said order reads as under:
For
the reasons recorded hereinabove, the petition is allowed. The
impugned order dated 28th February, 1986, (Annexure-F to
the petition) is quashed and set aside. The petitioner shall be paid
the amount of difference of pension within a period of three months
from today. The question of regularisation of period of suspension
and further promotion should be examined by the concerned authority
and the order shall be made in accordance with law within a period
of six months from today. Registry is directed to send the writ
forthwith.
We
have heard the counsels appearing for both the sides and it appears
that:
(i)
initially an inquiry was instituted against the present applicant
and a penalty was imposed for deduction of Rs.1,000/- from the
pension of the present applicant.
(ii)
the aforesaid order of penalty was challenged in Special Civil
Application No.2902 of 1996. Said petition was allowed vide order
dated 23rd and 24th March, 1999 and the
relevant part of the direction is stated hereinabove.
(iii)
in view of the aforesaid direction, it appears that the respondents
have already paid an amount of Rs.56,729/- on 19th of
March, 2000. It also appears that the second direction given in the
aforesaid writ petition was to consider the case for promotion of
the present applicant within stipulated time.
(iv)
it is submitted by the counsel for the applicant that a decision was
already taken by the concerned respondent authorities slightly
beyond the period of six months to the effect that one more inquiry
was pending and therefore, the case of the applicant for promotion
was not considered.
(iv)
basis of second decision taken by the Government rejecting the claim
of the applicant for promotion was also challenged by way of Special
Civil Application No.3412 of 1996. It is also decided in favour of
the present applicant vide order dated 17th October,
2007. But the fact remains that the earlier order passed by this
Court on 23rd and 24th March, 1999 in Special
Civil Application No.2902 of 1996 is already complied with. Decision
has also been taken about the promotion of the present applicant.
The amount which was directed to be paid was also paid as stated
hereinabove.
Thus,
there is no disobedience of the order passed by this Court dated
23rd and 24th March, 1999 in Special Civil
Application No.2902 of 1996 much less a wilful disobedience.
Counsel
for the applicant submitted that the reason for which the promotion
was denied to the present applicant is no more in existence because
of the order passed by this Court in Special Civil Application
No.3412 of 1996 dated 17th October, 2007 and for this,
the applicant will pursue this matter before the concerned
respondent authorities.
In
view of the above facts, there is no substance in this application
and hence the same is dismissed. Rule is discharged. Interim relief,
if any, stands vacated.
[R.P.DHOLAKIA,J]
[D.N.PATEL,J.]
radhan/
Top