Gujarat High Court
Vinod Jasmatbhai Rupapara vs Anju Sharma,State Of Gujarat on 4 January, 2022
Bench: Ashutosh J. Shastri
C/MCA/1112/2019 ORDER DATED: 04/01/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1112 of 2019
In R/SPECIAL CIVIL APPLICATION NO. 13116 of 2017
==========================================================
VINOD JASMATBHAI RUPAPARA
Versus
ANJU SHARMA,STATE OF GUJARAT
==========================================================
Appearance:
MR. EKRAMA H QURESHI(7000) for the Applicant(s) No. 1
NOTICE SERVED BY DS(5) for the Opponent(s) No. 1,2
==========================================================
CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 04/01/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND
KUMAR)
1. These contempt proceedings have been initiated for
violation of the order dated 24.6.2019 passed in Special Civil
Application No.13116 of 2017.
2. On notice being issued, the respondent appeared, file its
reply by way of an affidavit sworn by Mr. G.T. Pandya, IAS,
Director of Technical Education, Gandhinagar, stating thereunder
that representation of the petitioner had been considered and it
has been rejected by order dated 27.7.2020. This was objected
to by the complainant by filing a rejoinder and further affidavit
C/MCA/1112/2019 ORDER DATED: 04/01/2022
which resulted in this Court observing vide order dated 20-8-
2020 in Misc. Civil Application No.1112 of 2019 as under:
"8. Noticing the mechanism and the manner of
addressing the representation in the order dated
27.07.2020 by the Education Department, we deem it
appropriate to direct opponent No.2 to apply its mind
to the entire issue. If deemed appropriate, by
opponent No.2. through video conferencing, the
applicant can be permitted to assist the cause."
3. Thereafter, representation of the petitioner was
reconsidered and by endorsement/communication dated
21.9.2020 rejected the same on the ground that re-
consideration does not arise.
4. It is the contention of Mr. Ekrama Qureshi, learned counsel
appearing for the complainant that the respondents have not
only failed to comply with the direction issued by the learned
Single Judge but also failed to comply with the direction issued
by this Court by order dated 20.8.2020. Hence, it is contended
that there is deliberate and wilful disobedience of the order. As
such, the respondents contemnors are to be proceeded with and
prays for framing of the charge.
5. At the outset, it requires to be noticed that the direction
which came to be issued to the 2 nd respondent in Special Civil
C/MCA/1112/2019 ORDER DATED: 04/01/2022
Application No.13116 of 2017 is to the effect that the said
authority should consider the representation and take
appropriate decision on the representation of the petitioner
dated 5.6.2017 and treat the petitioner's case in the light of the
Government Resolutions dated 3.7.1998 and 3.8.2011 issued by
the Education Department. It is stated in the affidavit filed by
the contemnor that pursuant to the direction issued by the
learned Single Judge, representation has been considered by
communication dated 27.7.2020 and it has been rejected. In fact,
we notice that said communication has been produced at
Annexure-R/2 whereunder the order passed by the learned
Single Judge has also been extracted. On account of this Court
having directed the respondent to reconsider the representation
of the petitioner, the same has been considered and rejected by
endorsement/communication dated 21.9.2020 by reiterating the
grounds urged in the communication/order dated 27.7.2020.
Thus, prima facie, the direction issued to consider the
representation of the petitioner has been complied. If the
authorities have taken a decision not to extend the benefit of
the Resolutions dated 3.7.1998 and 3.8.2011, it is always open
to the petitioner to challenge the same by questioning the
C/MCA/1112/2019 ORDER DATED: 04/01/2022
endorsement/communication dated 27.7.2020 (Annexure R/2)
as well as communication dated 21.9.2020 in accordance with
law.
6. It cannot go unnoticed that subsequently also, Deputy
Secretary, Education Department has passed an order on
22.2.2021 reiterating the order dated 27.7.2020 as well as the
communication dated 21.9.2020. As such, the petitioner would at
liberty to challenge the said order dated 22.2.2021 also, if so
advised.
7. It is trite law that the jurisdiction of this Court while
examining as to whether there is any wilful disobedience of the
order passed by the authorities will have to be considered in the
background of the order which is alleged to have been violated.
The Hon'ble Apex Court in the case of V. Senthur and Another
Vs. M. Vijayakumar, IAS, Secretary, Tamil Nadu Public
Service Commission & Another reported in 2021 SCC
OnLine SC 846 disposed of on 1.10.2021 has observed thus:
"15. 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
C/MCA/1112/2019 ORDER DATED: 04/01/2022
the original judgment and order. The court is
only concerned with the wilful or
deliberate non-compliance of the
directions issued in the original judgment
and order."
8. Thus, while examining the plea or the prayer for the
alleged contempt, this Court has to necessarily confine itself to
the four corners of the order alleged to have been disobeyed.
Travelling beyond the said order by either interpreting the order
passed which is alleged to have been violated or issuing further
directions, would be outside the purview of the contempt
jurisdiction. As such, we are of the considered view that this is a
fit case where the contempt proceedings have to be dropped in
view of the endorsements/communications issued to the
petitioner dated 27.7.2020, 21.9.2020 and 22.2.2021. Hence,
the contempt proceedings stand dropped. Accordingly, this Misc.
Civil Application stands dismissed.
(ARAVIND KUMAR,CJ)
(ASHUTOSH J. SHASTRI, J)
RADHAKRISHNAN K.V.
