Gujarat High Court
Ketan Gavjibhai Bhabhor vs Manoj Aggarwal, Additional Secretary on 25 September, 2025
Author: A.S. Supehia
Bench: A.S. Supehia
NEUTRAL CITATION
C/MCA/1012/2022 ORDER DATED: 25/09/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1012 of 2022
In R/SPECIAL CIVIL APPLICATION/12537/2011
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KETAN GAVJIBHAI BHABHOR & ANR.
Versus
MANOJ AGGARWAL, ADDITIONAL SECRETARY & ORS.
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Appearance:
MR VAIBHAV A VYAS(2896) for the Applicant(s) No. 1,2
MR HS MUNSHAW(495) for the Opponent(s) No. 5,6
NOTICE SERVED for the Opponent(s) No. 1,2,3,4
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MR.JUSTICE L. S. PIRZADA
Date : 25/09/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. Learned advocate Mr.Munshaw in the presence of an officer namely, Dr.Minaxi Chuhan, Chief District Health Officer (CDHO), has tendered the orders and documents with regard to computation/fixation of the consequential benefits, after reinstatement of the applicants. The same are ordered to be taken on record. He has categorically submitted that the applicants are already paid the amount, as directed by this Court and hence, the contempt proceedings may be closed.
2. Learned advocate Mr.Vyas has submitted that full amount is not yet paid, as per the calculation of the respondents however, learned advocate Mr.Munshaw has submitted that the amount of Rs.5,32,989/- is paid to the applicant-Bipin V. Bharti, whereas Rs.7,14,131/- is paid to the Page 1 of 3 Uploaded by N.V.MEWADA(HC01571) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:05:51 IST 2025 NEUTRAL CITATION C/MCA/1012/2022 ORDER DATED: 25/09/2025 undefined applicant-Ketanbhai Gavjibhai Bhabhor, after considering the directions issued by this Court and their respective date of appointments.
3. Learned advocate Mr.Vyas has submitted that still the differential amount from 2014 to till date is not paid to the applicants, to which learned advocate Mr.Munshaw has responded that they would not be entitled to such amount.
4. Be that as it may. At this stage, it would be apposite to incorporate the observations made by the Apex Court in the case of V.Senthur and Anr. Vs. M.Vijaykumar, IAS, Secretary, Tamil Nadu Public Service Commission and Anr., 2021 Scale 11 566, wherein the Apex Court in paragraph No.14 has observed thus:
"14. There can be no quarrel with the proposition that in a contempt jurisdiction, the court will not 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 to be found in the original judgment 3 (2002) 5 SCC 352 4 (2006) 5 SCC 399 5 (2004) 13 SCC 610 6 (2014) 3 SCC 373 and order. The court is only concerned with the wilful or deliberate non-
compliance of the directions issued in the original judgment and order."
5. The Apex Court has stated that there can be no quarrel with the proposition that in the contempt jurisdiction, accordingly the Court will not travel beyond the original judgement and direction neither would it be permissible for the Court to issue any supplementary or incidental Page 2 of 3 Uploaded by N.V.MEWADA(HC01571) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:05:51 IST 2025 NEUTRAL CITATION C/MCA/1012/2022 ORDER DATED: 25/09/2025 undefined directions, which are not to be found in the original judgement and order and the Court is only concerned with the wilful or deliberate non- compliance of the directions issued in the original judgement and order. Hence, we cannot delve into the dispute with regard to computation of the amount.
6. Under the circumstances, the present contempt proceedings stand closed. It will be open for the applicants to file appropriate application before the appropriate authority/officer pointing out error in computation and also claiming the amount, as per their entitlement.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(L. S. PIRZADA, J) NVMEWADA/66 Page 3 of 3 Uploaded by N.V.MEWADA(HC01571) on Fri Sep 26 2025 Downloaded on : Sat Sep 27 02:05:51 IST 2025