W. A. No. 416/2008
19.9.2011
The writ petition was filed by the opposite party No. 2, who
was the Petitioner No. 2 in the writ petition. The writ petition was
disposed of finally by the order dated 6.5.2005. Aggrieved the
appellant, who was Respondent No. 4 in the writ petition, has filed
the present appeal.
In the appeal there is an application No.10487/2008 for
taking suitable action against Respondent No. 2 under Section 340
of the Criminal Procedure Code. It has been mentioned in the said
application that the said Respondent No. 2 Mr. B. L. Patel is
habitual in making false complaints, and repeated inquiries have
found that the complaints made by Mr. Patel are totally false. It has
also been alleged in Paragraph No. 3 of the said I.A. that Mr. Patel
has made it a habit to misuse the process of Court by furnishing
wrong information, misleading the Court, forging documents and
suppressing vital facts.
By order dated 4.3.2009, wherein the said Respondent No. 2
Mr. Patel was represented by Mr. Manas Verma Advocate, reply to
the said I. A. No.10487/2008 was required to be filed by Mr. Patel
within two weeks. No reply was filed and on 29.11.2010 two
weeks further time was granted to the said Respondent No. 2 to file
reply to the said application, yet no reply has been filed. Today the
learned counsel for Respondent No. 2 has prayed for two weeks
further time to file the reply.
Having regard to what has been said aforesaid, we are of the
opinion that Respondent No. 2 is taking this Court for granted and
deliberately avoiding filing of reply. The allegations against Sri
Patel are serious. He has not rebutted the allegation despite being
granted time since 432009. The allegations shake the very
foundations of administration of Justice.
In the circumstances it is directed that Respondent No. 2,
who is a Assistant Teacher, shall be suspended from service
forthwith by the competent officer of the State Government who is
empowered to suspend Sri Patel. He will be kept under suspension
during the pendency of the application No.10487/2008 and the
criminal proceedings, if any, launched pursuant to the said
application. Whether such proceedings should be launched will be
considered on the next date.
List on 29.9.2011. State Govt. will ensure compliance with
this order, and file a compliance report by the next date.
Mr. Patel may file his reply by that date.
Certified copy as per rules.
(Sushil Harkauli) (K. K Trivedi)
Acting Chief Justice Judge
AK