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SCA/11958/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 11958 of 2009
=============================================
MANABENDRA
PRASAD LAHIRI S/O LATE BIRENDRA PRASAD LAHIRI - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=============================================
Appearance :
MR
KG SUKHWANI for Petitioner(s) : 1,
MR PK JANI GOVERNMENT PLEADER
for Respondent(s) : 1,
NOTICE SERVED BY DS for Respondent(s) : 1 -
3.
=============================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 12/05/2010
ORAL
ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
The
public interest litigation was preferred for direction on respondents
to make the Gujarat Public Works Contracts Disputes Arbitration
Tribunal functional. It was alleged that in absence of the Chairman
and the Judicial Member of the Tribunal, the aforesaid Tribunal is
not functioning.
Learned
Counsel Mr.P.K.Jani appearing on behalf of the State produced a
notification dated 11th
May 2010 issued by the Government of Gujarat whereby and whereunder
Hon’ble Mr.Justice (Retd.) B.J.Shethna, a former Judge of this Court
has been appointed as Chairman of the Gujarat Public Works Contracts
Disputes Arbitration Tribunal for a term of one year or until he
attains age of 65 years whichever is earlier. It is informed
that one Shri H.K.Thakor, was appointed as a member of the Tribunal
but he has refused to join the post, therefore, steps will be taken
to appoint other Judicial Member and to fill up the rest of the
posts.
Though
such stand has been taken, it has not been made clear as to why the
Chairman has been appointed only for a period of one year and why not
for the period till he attains age of 65 years. We hope and trust
that the respondent State will look into the matter and if
necessary, will modify the notification dated 11th
May 2010 to that effect. So far as the post of Judicial Member is
concerned, we allow four weeks’ time to respondent-State to appoint
Judicial Member.
The
writ petition stands disposed of with aforesaid observations and
direction.
(S.
J. MUKHOPADHAYA, C.J. )
(
AKIL KURESHI, J. )
kailash
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