Gujarat High Court

Bhalchandra Sitaram Joshi vs Brijeshkumar Jha, Ips Or His ... on 19 March, 2021

Bench: Sonia Gokani, Gita Gopi

        C/MCA/1065/2019                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/MISC. CIVIL APPLICATION NO. 1065 of 2019

          In R/SPECIAL CIVIL APPLICATION NO. 625 of 2005

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                BHALCHANDRA SITARAM JOSHI
                            Versus
      BRIJESHKUMAR JHA, IPS OR HIS SUCCESSOR IN OFFICE
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Appearance:
MR UT MISHRA(3605) for the Applicant(s) No. 1
MS VRUNDA SHAH, ASST. GOVERNMENT PLEADER(1) for the
Opponent(s) No. 1,2,3
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 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MS. JUSTICE GITA GOPI

                          Date : 19/03/2021

                           ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. This is an application seeking to initiate the actions under

the Contempt of Courts Act against the respondents for non-

compliance of the judgment and order passed in Special Civil

Application No. 625 of 2005.

2. This Court issued notice on 29.11.2019 and thereafter, on

19.02.2021 the following order came to be passed: -

"1. On 22.1.2021, we had passed the following order:-

C/MCA/1065/2019 ORDER

1. This application is seeking appropriate directions for listing the main contempt application. Along with the Civil Application, the applicant has filed copy of the judgment of the Division Bench dated 10th January, 2020 passed in Letters Patent Appeal No.70 of 2020 filed by the State of Gujarat whereby the appeal has been dismissed. Further, copy of the order of the Supreme Court dated 26th October, 2020 passed in Special Leave to Appeal No. 8827 of 2020 has also been filed, whereby the Special Leave Petition filed by the State of Gujarat has also been dismissed.

2. Learned counsel for the applicant Shri M.U. Mishra submits that nothing further remains for the State to take any defence and nothing further is left for them but to ensure the immediate compliance of the directions given by the learned Single Judge for refixation of pension and for payment of arrears. It is also submitted that the applicant is aged 75 years.

3. Ms. Vrunda Shah, learned Assistant Government Pleader appearing for the opposite party states that she does not have complete papers as today only Civil Application is listed. We, however, grant time till 5th February, 2021 to file appropriate affidavit placing on record the compliance status which would be considered on the next date.

4. Let the main matter being Misc. Civil Application No. 1065 of 2019 be listed in the top 10 cases on 5th February, 2021.

5. Civil Application stands disposed of.

2. Pursuant to the same, affidavit dated 4.2.2021, duly sworn by Assistant Commissioner of Intelligence, State Intelligence, Police Bhavan,

C/MCA/1065/2019 ORDER

Gujarat State, Gandhinagar has been filed, stating to be a Further Affidavit by respondent No.3. Whereas, the respondent No.3 is the Director General of Police. We have indicated earlier in our orders that in contempt proceedings, affidavits are to be filed only by the parties impleaded to the petition and not by any subordinate or other officer, except when permitted by the Court. As such, we reject the affidavit filed by the Assistant Commissioner of Intelligence and require that all the three of opposite parties whoever be holding the posts concerned, to file their respective affidavits.

3. Shri Dharmesh Devnani, learned Assistant Government Pleader, upon instruction, has submitted that after dismissal of the Special Leave to Appeal by the Supreme Court on 26th October 2020, the order of the Supreme Court was placed before the concerned officer on 29.1.2021, I.e. after more than three months, and may be after we had passed the last order dated 22.1.2021. He further submits that immediately, a communication dated 30.1.2021 was processed for getting the calculations and other details required to initiate the process of compliance. As of date, it is still in the process of being calculated and finalized. It is unfortunate that a Welfare State treats its citizen like dirt, who is 74 or 75 years old litigant, who has succeeded in 2019 before learned Single Judge, in January 2020 before the Division Bench and in October 2020 before the Supreme Court, but still awaiting the fruits of his litigation.

4. Let this matter be listed again on 26.02.2021, to be taken up at 11.00 a.m.

5. Whoever is the competent authority in the Police Department would remain present through virtual hearing. Further orders to be passed on the said date.

6. Affidavits, as required and observed above, may be filed well in time, so that they are on record before

C/MCA/1065/2019 ORDER

us on the next date."

3. The Court also noticed that the applicant is 75 years old

and already succeeded in the year 2019 before the learned Single

Judge and in the year 2020 before the Division Bench and in the

Apex Court and still the compliance has eluded him.

Accordingly, this Court directed the respondents to remain

present and on 26.02.2021 a detailed order came to be passed

which is profitably required to be reproduced: -

"1. Pursuant to our order dated 19.02.2021, three affidavits have been filed today duly sworn by Ms.Nipuna Torawane, Secretary to Government, Home Department, Gandhinagar (respondent No.1), Shri Sanjay Srivastava, Commissioner of Police, Ahmedabad City (respondent No.2) and Shri Anupam Singh Gahlaut, Inspector General of Police, State Intelligence Bureau, Gandhinagar (respondent No.3). Further, Shri Sanjay Srivastava, Commissioner of Police, Ahmedabad and Shri Anupam Singh Gahlaut, Inspector General of Police are present through virtual mode.

2. Shri Dharmesh Devnani, learned Assistant Government Pleader representing them referring to the affidavits and the contents thereof submits that the revised pension payment orders have been issued on 23.02.2021, a copy whereof is annexed with the affidavits filed today, after appropriate orders were passed by Shri Gahlaut, the Inspector General of Police, which is also filed as AnnexureR1. He further submits that the calculations of the arrears due to the applicant on account of the revised pension payment order are in process and an approximate amount of Rs.9 Lakhs and odd is due to be paid which would be paid within a week.

C/MCA/1065/2019 ORDER

3. Shri Mishra, learned counsel appearing for the applicant submits that the matter may be posted after two weeks to enable the opposite parties to ensure that the entire amount is paid which is due to the applicant.

4. We accordingly direct this matter to be listed again on 19.03.2021. By the said date, the entire amount due and payable to the applicant in view of the revised pension payment order be paid to the applicant and an affidavit to that effect may be filed by the Inspector General of Police, State Intelligence Bureau, Gandhinagar. The personal appearance of the opposite parties would not be necessary in case an affidavit of further compliance is filed as required above. However, in case the compliance is not effected, the opposite parties would again remain present on the next date for proceeding further in the matter."

4. It is given to understand that compliance is done in toto

and nothing remains to be complied with. We have noticed that

Mr. R.A.Prajapati, Under Secretary, Home Department on

04.02.2021 had an audacity to communicate that the decision of

the Apex Court is not in accordance with the prevalent rules and

regulations, after this Court issued the notice of contempt.

4.1. In wake of the presence of senior officers of the State before

this Court who are the respondents herein and their

unconditional apology, tendered by way of an affidavit, the order

is already passed by this Court on 26.02.2021 and therefore, the

learned Assistant Government Pleader has requested not to take

any steps against the Under Secretary in relation to the