Gujarat High Court
Saiyed Mohammadyunus Abdulvahid vs Mr.Pankaj Kumar Additional Chief ... on 1 September, 2021
Bench: A.J.Desai, A. P. Thaker
C/MCA/106/2021 ORDER DATED: 01/09/2021
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 106 of 2021
In
R/LETTERS PATENT APPEAL NO. 1374 of 2019
================================================================
SAIYED MOHAMMADYUNUS ABDULVAHID
Versus
MR.PANKAJ KUMAR ADDITIONAL CHIEF SECRETARY
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Appearance:
MR RUTVIJ OZA FOR MR UMANG R VYAS(5595) for the Applicant(s) No.
1,10,11,12,13,14,15,16,17,18,19,2,20,21,3,4,5,6,7,8,9
GOVERNMENT PLEADER(1) for the Opponent(s) No. 1,2
NOTICE SERVED(4) for the Opponent(s) No. 1,2
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CORAM:HONOURABLE MR. JUSTICE A.J.DESAI
and
HONOURABLE DR. JUSTICE A. P. THAKER
Date : 01/09/2021
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.J.DESAI)
1. By way of present application under the Contempt of
Courts Act, the applicants - original petitioners have made
grievance for non-compliance of the directions issued by the
Division Bench vide CAV Judgment dated 24.03.2020 passed in
Letters Patent Appeal No.1373 of 2019 and allied matters.
2. In response to the notice issued by this Court, the
respondent - authority has filed affidavit-in-reply.
3. It is the case of the respondents that appropriate
recruitment rules were issued in the month of February 2020.
With regard to the examination, Rules of Police Sub Inspector
(Arms) have been issued on 26.08.2021.
C/MCA/106/2021 ORDER DATED: 01/09/2021
4. Ms.Vrunda Shah, learned Assistant Government Pleader
states that as far as further direction with regard to the process
of promotion to the vacant posts of the Police Sub Inspector
(Arms) is concerned, some more time would be required. She
requests for time. She further states that the respondents are
under contemplation of filing an application in Letters Patent
Appeal No.1373 of 2019 and allied matters for extension of time
for completion of the finalization of the Rules.
5. On the other hand, Mr.Rutvij Oza, learned counsel
appearing for Mr.Umang Vyas, learned counsel for the applicants
would submit that directions have been issued way back on
24.03.2020 by the Division Bench directing the respondents to
do needful, initially, for issuing appropriate rules within a period
of two months from the date of submitting a certified copy of the
order and to start the process of promotion to the vacant posts
and complete the same within a further period of two months. He
further submits that however, the respondents have, recently,
issued examination rules, that too, during the pendency of this
application despite several orders passed by this Court. He would
submit that the respondents are supposed to comply with the
directions about completing the process of promotion to the
vacant posts of the Police Sub Inspector within a period of two
months from 24.08.2021.
6. Having heard learned counsel appearing for the respective
parties, we are of the opinion that it is unfortunate that the
respondents are not taking the orders passed by this Court
seriously and not complying with the order/s in time. Even the
notice has been issued in the present proceedings way back on
26.03.2021, however, the examination Rules have been issued
C/MCA/106/2021 ORDER DATED: 01/09/2021
only on 26.08.2021.
7. Since, the direction issued by the Division Bench to
complete the process of promotion for the vacant posts of Police
Sub Inspector within a period of two months is concerned, we
pass the following order.
1. The respondents are directed to strictly follow the
directions issued by the Division Bench and to complete
the process of promotion for the vacant posts of Police
Sub Inspector within a period of two months from today.
2. The respondents are also directed to comply with the
second part of the order i.e. completion of the process of
promotion for the vacant posts within a period of two
months unless exemption has been granted by the Bench,
who has passed the order in Letters Patent Appeal.
3. If the order is not complied with, as per the above
directions, the Secretary, Home Department himself shall
be held liable under the Contempt of Courts Act and strict
action shall be taken against him.
8. With the above directions, the application stands disposed
of. Notice is discharged. The applicants are at liberty to file fresh
application in case of difficulty.
(A.J.DESAI, J)
(DR. A. P. THAKER, J)
V.R. PANCHAL
