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SCA/8865/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8865 of 2009
=========================================================
MAGANBHAI
MOHANBHAI SAVALIYA - Petitioner(s)
Versus
STATE
OF GUJARAT & 3 - Respondent(s)
=========================================================
Appearance
:
MR
JAL SOLI UNWALA for
Petitioner(s) : 1,
GOVERNMENT PLEADER for Respondent(s) :
1,
NOTICE SERVED for Respondent(s) : 1, 4,
MR HS MUNSHAW for
Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/02/2010
ORAL
ORDER
A
grievance which is voiced in the present Special
Civil Application is that though number of complaints
have been made against the respondent No.4 Ms.Ranjanben
Ramjibhai Bhesaniya and the first complaint was made on 1/5/2003,
making allegations against the respondent No.4 with respect to
misappropriation and/or misuse of the fund of the Panchayat etc.
and even despite the order dtd.29/8/2005 passed by this Court in
Special
Civil Application No.17682 of 2005, no further
inquiry/investigation has been done by the respondent Nos.2 and 3
and the allegations against the respondent No.4 are not looked into
at all and no further action has been taken.
By
order dtd.29/8/2005 this Court directed the respondent Nos.2 and 3
to look into the complaints containing allegations against the
respondent No.4 and to hold necessary inquiry and take steps in
accordance with law within stipulated time. Still no further steps
have been taken and there is nothing on record whether any further
detailed investigation / inquiry with respect to the allegations
made against the respondent No.4 has been made or not.
In
view of the above, it can be said that there is total non-compliance
of the order passed by this Court. However, still as a last chance,
the respondent Nos.2 and 3 are directed to hold necessary inquiry
with respect to the allegations made against the respondent No.4 in
the applications dtd.1/5/2003 and 3/9/2005, within a period of four
weeks from today and take appropriate steps and/or initiate
appropriate inquiry against the respondent No.4 within a period of
two weeks from the completion of such inquiry and conclude the same
(if any proceedings are initiated) within a period of three months
thereafter, after giving an opportunity to all the concerned in
accordance with law and on merits. Any lapse on the part of the
respondent Nos.2 and 3 herein shall be viewed very seriously which
can warrant appropriate action against the respondent Nos.2 and 3
under the Contempt of Courts Act. With the observations and
directions aforesaid, the present Special
Civil Application is disposed of.
[M.R.
SHAH, J.]
rafik
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