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SCA/15279/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 15279 of 2010
With
SPECIAL
CIVIL APPLICATION No. 15280 of 2010
With
SPECIAL
CIVIL APPLICATION No. 15386 of 2010
=====================================
GURUKRUPA
RESIDENT WELFARE ASSOCIATION THROUGH - Petitioner(s)
Versus
UNION
OF INDIA THROUGH SECRETARY & 2 - Respondent(s)
=====================================
Appearance
:
MS UTPALA S BORA for
Petitioner(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
MRS KALPANA K RAVAL for Respondent(s) :
3,
=====================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 02/02/2011
ORAL
ORDER
1.0 It
is really painful that ‘the Government Officers’ do not respond to
the Notices issued by the Court.
2.0 This
is one such case. In this case, Notice was issued by this Court on
6th December 2010, returnable on 27th December
2010. Mr. JB Babaria, Director, ICDS is present before the Court.
On perusal of the papers, he states that the said Notice was received
by the office on 9th December 2010 and one Ms. Anilaben
Shah, State Programme Officer, was asked to attend the Court.
2.1 The
Director seeks time to inquire into the matter and collect further
details.
3.0 On
27th December 2010, the matter was adjourned to
17th
January 2011. On that day, fresh Notice was issued by this Court,
returnable on 27th January 2011. Said Shri Babaria,
Director, ICDS states, on perusal of the papers, that this Notice was
served to the office on 21st January 2011. This time, one
Mr. Kakkad, Administrative Officer, was asked to attend the Court.
3.1 The
Director wants time to inquire into the matter and collect details as
to why Mr. Kakkad did not remain present before this Court on 27th
January 2011, therefore, the Court was required to direct the
respondent no. 2 – Commissioner, Women and Child Development,
Government of Gujarat, to remain personally present before this Court
today i.e. 2nd February 2011.
4.0 In
the first half, the matter was called out. Two officers from the
office of the Commissioner, Women and Child Development, were present
– one Mr. Prakash Bhagat, Administrative Officer and other Mr.
NK Parmar, Senior Assistant, who pleaded ignorance about the nature
of engagement, which did not allow the Commissioner to attend the
Court. They were granted time to call a responsible officer to be
present before the Court, preferably, the Commissioner.
4.1 In
the second half, Mr. JB Babaria, Director, ICDS, remained present.
He prayed for time stating that, as the Commissioner is preoccupied
in ‘Chintan Shibir’, which has to take place in the presence of the
Honourable Chief Minister. He
requests that the matter be kept on some other day, after 6th
February 2011, as the ‘Chintan Shibir’ will be from 3/2/2011 to
6/2/2011.
5.0 The
matter is adjourned to 10th
February 2011.
5.1 As
prayed for, the Director is granted time to report the action taken
against Ms. Anilaben Shah, State Programme Officer and Mr. Kakkad,
Administrative Officer, who were required to attend the Court on 27th
December 2010 and 27th January 2011 respectively, but have
not attended the Court and they have not reported the matter to the
responsible officer.
5.2 It
will be in fitness of things if the report of the action taken in the
matter is placed on record on the next date of hearing i.e. 10th
February 2011.
[
Ravi R. Tripathi, J. ]
hiren
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