Gujarat High Court
Chintan Harishbhai Vaishnav vs M K Das on 2 April, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/975/2023 ORDER DATED: 02/04/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 975 of 2023
In R/LETTERS PATENT APPEAL NO. 1517 of 2022
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CHINTAN HARISHBHAI VAISHNAV
Versus
M K DAS
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Appearance:
MR. G.M. JOSHI, SENIOR ADVOCATE WITH MR HRIDAY BUCH(2372) for the
Applicant(s) No. 1
MS. NIRALI SARDA, AGP for the Opponent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 02/04/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Present application has been filed seeking initiation of contempt proceedings for willful and deliberate defiance of the order dated 29.04.2023 passed in Letters Patent Appeal No. 1517 of 2022 and order dated 04.04.2022 passed in Special Civil Application No.7047 of 2019.
2. The applicant-original writ petitioner had approached this Court challenging his termination from service vide order dated 02.03.2019 by filing the writ petition being Special Civil Application No.7047 of 2019. The same was allowed by the learned Single Judge vide judgment and order dated 04.04.2022 by issuing following directions:
"(20) Accordingly, the order dated 2nd March, 2019 is hereby quashed and set aside. The respondents are directed to reinstate the petitioner in service forthwith on the post on which he was working prior to the order of termination. The petitioner is deemed to have continued in service and shall be entitled to all consequential benefits. The respondents are directed to reinstate the petitioner and give all consequential benefits within a period of three months from the date of receipt of copy of this CAV Judgment."Page 1 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025
NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined
3. The State assailed the said decision before the Division Bench by filing Letters Patent Appeal No.1517 of 2022. The Division Bench dismissed the said Letters Patent Appeal by judgment and order dated 29.04.2023. It appears that, thereafter, since the benefits were not extended, as directed by the learned Single Judge, the applicant had filed a contempt application being Misc. Civil Application No.975 of 2023, which was disposed of vide order dated 10.07.2023, in view of the communication/order dated 10.07.2023 issued by the State Government reinstating the present applicant in service, along with continuity of service, and also with the benefits of pay.
4. Another order dated 30.11.2023 was passed by the Revenue Department, State of Gujarat, wherein and whereby, the applicant was granted promotion to the post of Deputy Collector, Junior Pay Scale with effect from 30.10.2018. Accordingly, being aggrieved by such decision, the applicant filed Misc. Civil Application (For Recall) No.1985 of 2023 seeking recall and revival of the present contempt application being Misc. Civil Application No.975 of 2023. By the order dated 01.12.2023, the present application was restored to its original file by reserving liberty to examine the judgment of the Supreme Court in case of Prithawi Nath Ram vs. State of Jharkhand, (2004) 7 SCC 261 at the appropriate stage. The said decision was placed reliance by learned AGP in Misc. Civil Application (For Recall) No. 1985 of 2023. Thus, the present application being Misc. Civil Application No.975 of 2023 was restored to its original file.
5. Learned senior advocate Mr. G.M. Joshi assisted by learned advocate Mr. Hriday Buch appearing for the applicant has submitted that the respondents have committed willful and deliberate defiance of the direction issued by the learned Single Judge vide judgment and Page 2 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025 NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined order dated 04.04.2022, since the respondent authorities have not granted the consequential benefits of second promotion to the post of Collector and also there is an error in granting deemed date of promotion of the post of Deputy Collector, as the respondents have misconstrued the punishment of stoppage of one increment, which has been imposed upon the present applicant while he was under
probation. He has submitted that vide order dated 24.06.2016 a punishment of stoppage of one increment for two years without future effect was imposed, and in the second charge-sheet dated 03.02.2014 issued for holding the departmental inquiry, the applicant was exonerated.
5.1 While referring to the notings of the Deputy Secretary on the issue of grant of consequential benefits and the promotion, it is submitted that it has been recorded in the notings that the punishment of stoppage of one increment is not capable of implementation since the applicant was on probation, and hence, he is required to be granted promotion on the post of Deputy Collector in the year-2016 when the Departmental Promotion Committee has met for the first time, and subsequent further promotion to the post of Collector was also required to be granted. It is thus submitted that, since there is willful and deliberate defiance by the respondents in not conferring the benefits, as directed by the learned Single Judge, the appropriate contempt proceedings may be initiated by framing the charge against the erring officer.
6. Per contra, learned AGP, while placing reliance on the in case of Prithawi Nath Ram (supra), has submitted that in fact, it cannot be said that there is willful or deliberate defiance of the directions issued by this Court. She has submitted that in fact, as recorded in the order, Page 3 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025 NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined the applicant is already conferred an amount of Rs.27,42,786/-, and is also promoted to the post of Additional Collector and only because of the imposition of minor punishment on the applicant, he has been conferred the promotion to the post of Deputy Collector from 30.10.2018 and he is not entitled for further promotion to the post of Collector. Thus, it is urged that the present contempt proceedings may be dropped.
7. We have heard the learned advocates for the respective parties at length and perused the various orders as mentioned hereinabove.
8. Learned Single Judge, while setting aside the termination order dated 02.03.2019, has directed the respondents to grant all the consequential benefits. Accordingly, the respondent initially passed an order dated 10.07.2023, pursuant to the filing of the present contempt application filed by the applicant seeking contempt proceedings. Subsequently, another order dated 30.11.2023 conferring the benefit of promotion to the post of Deputy Collector, Junior Scale with effect from 30.10.2018 has been passed by the respondents, and hence, the applicant filed a recall application seeking recall of the order dated 10.07.2023 passed in the present application, which was disposed of as not pressed. Accordingly, in the application being Misc. Civil Application (For Recall) No.1985 of 2023, vide order dated 01.12.2023 the present application was restored to its original file for hearing the respective parties on the issue of non-
compliance of the directions and conferring the benefits of the promotion to the post of Deputy Collector with effect from 30.10.2018 and also denying his further promotion.
9. The grievance of the applicant is premised on the order dated 30.11.2023, by which, the respondent authorities extended the Page 4 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025 NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined promotion to the post of Deputy Collector, Junior Scale with effect from 30.10.2018.
10. A perusal of the aforesaid order clarifies that the Departmental Promotion Committee met on 28.03.2016 for considering his case for promotion to the post of Deputy Collector, Junior Scale. Prior to that, his case was kept in a sealed cover, as he was facing the departmental proceedings. Since the applicant was imposed the minor punishment of stoppage of increment, as has been narrated hereinabove, he was not considered fit and again when the Departmental Promotion Committee met on 27.08.2018, he was declared fit and he was granted promotion to the post of Deputy Collector, Junior Scale from 30.10.2018 with deemed date of promotion. Accordingly, he was also posted on temporary post of Chief Officer.
11. It is the case of the applicant that he is also entitled for further promotion and also the deemed date of promotion on the post of Deputy Collector which should have been assigned to him from the year-2016 when the first Departmental Promotion Committee met. Thus, the issue revolves around the implementation of the punishment order of 24.06.2016, by which, he was imposed the punishment of stoppage of one increment for two years without future effect. The Departmental Promotion Committee accordingly, in its wisdom, has considered the aforesaid punishment order, and granted the promotion from the deemed date. The applicant in support of his submission in the present application which is filed for initiation of contempt proceedings, has placed reliance on the notings made by the authorities and also it is contended that such punishment order could not have been considered while considering his case for promotion to the post of Deputy Collector and the Departmental Page 5 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025 NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined Promotion Committee fell in error in considering the punishment order and also implementing at a stage when he was already confirmed. It is also contended that such punishment order was not feasible of being implemented since the applicant was under
probation and he was not drawing any increment and hence, the punishment order itself is nullity. Thus, in the present contempt proceedings, the applicant has made an attempt to carve out a case with regard to the implementation and the effect of the punishment order dated 24.06.2016 of stoppage of one increment for two years without future effect.
12. At this stage, we may incorporate the observations of the Supreme Court in the case of V. Senthur & Anr. vs. M. Vijayakumar, IAS, Secretary Tamil Nadu, Public Service Commission and Anr., (2021) SCALE 11 566, where the Supreme Court has categorically held that while dealing with the contempt jurisdiction the court cannot travel beyond the original judgment and direction; neither would it be permissible for the court to issue any supplementary or incidental directions, which are not found to be in the original judgment and order. The court is only concerned with the willful or deliberate non-compliance of the directions issued in the original judgment and order.
13. In the case of Prithawi Nath Ram (supra), the Supreme Court has held that if a party is aggrieved by the order which in its opinion is wrong or against rules or its implementation is neither practicable nor feasible, it should always either approach to the Court that passed the order or invoke jurisdiction of the Appellate Court. Rightness or wrongness of the order cannot be urged in contempt proceedings. It is further held that the correctness or otherwise of the order or giving Page 6 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025 NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined additional direction or delete any direction is also not permissible and that would be exercising review jurisdiction while dealing with an application for initiation of contempt proceedings.
14. In the present case, though the learned Single Judge, while setting aside the termination, has issued the direction to grant all consequential benefits. However, it cannot be said that the respondent authorities have completely ignored the aforesaid directions and they have committed willful and deliberate defiance of the direction issued by the learned Single Judge as confirmed by the Division Bench. The issue revolves around the implementation of the punishment order, which was passed against the applicant and conferring of the promotion. This is an absolute new issue which has cropped up pursuant to the order dated 30.11.2023 granting promotion. We cannot examine the validity of the said order and the punishment order dated 24.06.2016 in the present case. The directions issued by the learned Single Judge to grant "all consequential benefits", do not mean that such benefits are to be granted thoughtlessly, more particularly when the issue which has direct nexus in granting such benefits was never examined by the learned Single Judge. The issue of conferring benefit of deemed date of promotion and the implementation of the punishment order and its effect was not before the learned Single Judge. The documents on record do not suggest that the respondents have committed a deliberate defiance of the directions and in order to deny the benefits of promotion, the orders are passed. Hence, we do not find that the respondents have committed any contempt by disobeying the direction willfully and there is complete defiance of the direction issued by this Court. Hence, the present contempt proceedings stand Page 7 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025 NEUTRAL CITATION C/MCA/975/2023 ORDER DATED: 02/04/2025 undefined closed.
15. It is clarified that it will be open for the applicant to file appropriate proceedings before the appropriate forum challenging the order dated 30.11.2023 and/or other orders, which he finds, are against him for denying the benefits.
(A. S. SUPEHIA, J) (NISHA M. THAKORE,J) SUYASH SRIVASTAVA/67 Page 8 of 8 Uploaded by SUYASH KUMAR SRIVASTVA(HC01570) on Fri Apr 04 2025 Downloaded on : Mon Apr 07 21:34:59 IST 2025