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MCA/1149/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 1149 of 2010
In
SPECIAL
CIVIL APPLICATION No. 11751 of 2009
=========================================================
DEEPAKKUMAR
HASMUKHRAI TRIVEDI - Applicant(s)
Versus
G.D.KANANI,
DIST.PRIMARY EDUCATION OFFICER & 2 - Opponent(s)
=========================================================
Appearance
:
MS
AMRITA AJMERA for
Applicant(s) : 1,
MR HS MUNSHAW for Opponent(s) : 1, 3,
MR KL
PANDYA, ASST GOVT PLEADER for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 27/07/2010
ORAL
ORDER
(Per : HONOURABLE
MR.JUSTICE JAYANT PATEL)
1. Pursuant
to the earlier orders passed by this Court, the officers are present.
2. The
basis of the present contempt application is non-compliance to the
order dated 16.11.2009 passed by this Court in Special Civil
Application No.11751/2009, whereby, based on various decisions of
this Court, direction was given to the State Government to reconsider
the case for compassionate appointment in the light of the
observations made in the judgment and the decision to be taken within
three months from receipt of the order of this Court, and as no
decision has been taken, the present proceedings.
3. This
Court had issued the Notice as back as on 10.06.2010, which was made
returnable on 23.06.2010. No reply whatsoever has been filed on
behalf of the State Government and so far as the District Panchayat
is concerned, it has been stated that the proposal was already
forwarded.
4. When
the matter is further taken up for hearing today, the learned
Assistant Government Pleader states that the State has decided to
prefer Letters Patent Appeal and LPA (Stamp) No.1634/2010 has been
filed yesterday. In order to verify the bona fide action on the part
of the State to comply with the orders of this Court, the learned
Assistant Government Pleader has made available to us, the file of
the State Government, which shows that the decision was taken of
preferring LPA as back as on 12.01.2010 by the Legal Department and
the appeal is filed after a period of about more than six months. The
aforesaid shows absolute callous approach on the part of the
Government in not complying with the orders of this Court and/or
pursuing the matter, if it is so desired, before the higher forum.
5. The
pertinent aspect is that the LPA is also barred by more than eight
months and there is also reference to the application for condonation
of delay. Until the delay is not condoned, the further aspects may
also remain hanging.
6. In
the above circumstances, this Court will have no option but to take a
strict view of the matter, if no stay order is granted by the LPA
Bench against the operation of the order and non-compliance to the
order of this Court.
7. As
it is reported that LPA has been preferred, in order to enable the
respondents to have one more opportunity, it is observed and directed
that in absence of any order of the LPA Bench, the order shall be
compiled with on or before 11.08.2010, failing which, the concerned
officer shall explain to this Court as to why appropriate order
should not be passed for imposing appropriate punishment under the
Contempt of Courts Act. If the decision is taken before the said
date, the same shall be placed on record and the officer shall also
remain present on that date.
Stand
over to 11.08.2010.
(Jayant
Patel, J.)
(Smt.Abhilasha
Kumari, J.)
(sunil)
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