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MCA/1195/2010 6/ 6 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1195 of 2010
=========================================================
SHETH
SUBHASHBHAI KANCHANLAL - Applicant(s)
Versus
STATE
OF GUJARAT & 5 - Opponent(s)
=========================================================
Appearance
:
MR
DILIP B RANA for
Applicant(s) : 1,
GOVERNMENT PLEADER for Opponent(s) : 1 -
2.
NOTICE SERVED for Opponent(s) : 1 - 2,4 - 5.
MRS VD NANAVATI
for Opponent(s) : 3,
MR DIPEN A DESAI for Opponent(s) : 4 -
5.
None for Opponent(s) :
6,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 26/10/2010
ORAL
ORDER
1.
Present application has been preferred by the applicant herein –
original petitioner for the following main reliefs:-
“6(A) The
Honourable Court be pleased to issue a writ of mandamus or writ in
nature of mandamus or any other appropriate writ, direction or order
directing the respondent authorities to release the salary of the
petitioner from November,2007 and to pay the salary regularly till
the petitioner attains the age of 62 years pursuant to the order
dated 16.04.2008 passed in Application No.48 of 2007 by the Gujarat
Affiliated College Service Tribunal by recalling the order dated
02.09.2009 passed by this Hon’ble Court in S.C.A. No.8968 of 2009
with S.C.A. No.4817 of 2009;
(B) Alternatively,
the Hon’ble Court be pleased to direct the Hon’ble Tribunal to decide
the application preferred by the petitioner in accordance with law
and on merits in view of the order dated 02.09.2009 passed in
S.C.A.No.8968 of 2009 with S.C.A.No.4817 of 2009.”
2. A
grievance, which is voiced in this application is that on the one
hand despite the directions issued by this Court in Special Civil
Application No.8968 of 2009 with Special Civil Application No.4817 of
2009, vide order dtd.02/09/2009, the Gujarat Affiliated Colleges
Services Tribunal (“The Tribunal” for short) is not
deciding the main application being Application No.48 of 2007, and
on the other hand the applicant is without any salary and wages.
3. It
is the case of the applicant that while disposing of Special Civil
Application No.8968 of 2009 with Special Civil Application No.4817 of
2009, this Court vide order dtd.02/09/2009 directed the Tribunal to
decide the Application No.48 of 2007 within a period of six months,
however, the Tribunal has not only not decided the said application
but on its own has extended the time to decide and dispose of the
said application, though time limit was prescribed and fixed by this
Court.
4. Considering
the fact that the time limit was prescribed and fixed by this Court
and the learned Member of the Tribunal, on her own, could not have
extended the time prescribed and fixed by this Court, to decide and
dispose of the aforesaid application, by order dtd.01/10/2010. This
Court has passed the following order on 1/10/2010:-
“Leave
to join the Gujarat Affiliated College Service Tribunal, Ahmedabad as
party opponent no. 6.
It
is to be noted that this Court passed an order dated 02/09/2009 in
Special Civil Application No. 8968/2009 directing the Tribunal to
finally decide and dispose of Application No. 48/2007 within a period
of six months. From the order dated 25/03/2010 (Annexure – I
to the petition) it appears that on the ground that one another
petition is pending before this Court raising similar issue the
Tribunal has not only adjourned the matter but she herself has
extended the period to decide and dispose of the aforesaid
Application. Once time was granted by this Court she has no business
and/or jurisdiction to extend the time, which was granted by this
Court. The aforesaid conduct on the part of the Member is highly
deprecated and it cannot be tolerated. Under the circumstances,
Registry is directed to call for the explanation of the concerned
Member of the Tribunal how she herself can extend the time to decide
and dispose of the Application, which was fixed by this Court in the
aforesaid Special Civil Application. The aforesaid explanation shall
be received within a period of three weeks from today. Stand over to
22/10/2010.”
5. That
thereafter the application came up for hearing on 22/10/2010 and it
was found that despite the order dtd.01/10/2010 seeking explanation
of the learned Member of the Tribunal on or before 22/10/2010, the
learned Member of the Tribunal did not submit her explanation to this
Court as directed by this Court vide order dtd.01/10/2010 and,
therefore, this Court passed order dtd.22/10/2010, which reads as
under:-
“It
is very unfortunate that despite the specific order passed by this
Court dated 01/10/2010 seeking explanation from the learned Member of
the Gujarat Affiliated College Service Tribunal, Ahmedabad and
despite the fact that the said order is served upon the concerned
Tribunal, still no report/explanation is received by this Court.
Under the circumstances, stand over to 25/10/2010. Registrar of the
Gujarat Affiliated College Service Tribunal, Ahmedabad to remain
personally present before this Court at 11:00 a.m. to explain why the
order passed by this Court is not complied with and the report is not
submitted till date. Registry is directed to communicate this order
to the learned tribunal during the course of the day.”
6. That
thereafter the matter was adjourned to 25/10/2010 and the Registrar
of the Tribunal has produced on record the explanation of the learned
Member of the Tribunal dtd.25/10/2010 and further explanation
dtd.26/10/2010, by which the learned Member of the Tribunal has
tendered her unconditional apology and has submitted that the next
date of hearing of the Application No.48 of 2007 is fixed on
28/10/2010 and the same shall be disposed of at the earliest. She has
also tendered her apology for not submitting her explanation on
22/10/2010.
7. The
unconditional apology tendered by the learned Member of the Tribunal
is accepted and the proceedings are terminated / dropped, however, it
is observed that it was not open for the learned Member of the
Tribunal to extend the time to decide and dispose of the application
on her own, as the time limit was prescribed and fixed by this Court.
If for any reason it was not possible for the learned Tribunal to
decide and dispose of the application within the time stipulated by
this Court, the only way available was to either submit an
application by her through Registrar of the Tribunal for extension of
time and/or the concerned party to the proceeding can submit
appropriate application for extension of the time limit prescribed
and fixed by this Court, however, in any case, the learned member of
the Tribunal has no jurisdiction to extend the time prescribed and
fixed by this Court for deciding the main application being
Application No.48 of 2007. However, as unconditional apology is
tendered by the learned Member of the Tribunal and the next date is
fixed on 28/10/2010, the proceedings are terminated / dropped,
however, the learned Member of the Tribunal is hereby directed to
decide and dispose of the main application being Application No.48
of 2007 as expeditiously as possible. If for any reason the main
application being Application No.48 of 2007 is not decided and
disposed of by the learned Tribunal within a period of six months
from today, it will be open for the applicant herein to file
appropriate note for revival of the present application.
8. With
these observations, the present application is disposed of. Registry
is directed to communicate this order to the learned Tribunal
immediately.
[M.R.
SHAH, J.]
rafik
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