Maheshbhai Hargovindbhai ... vs State Of Gujarat Through ...
2022 Latest Caselaw 9232 Guj

     C/MCA/1038/2022                           ORDER DATED: 18/10/2022




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

               R/MISC. CIVIL APPLICATION NO. 1038 of 2022
                                   In
             R/SPECIAL CIVIL APPLICATION NO. 15439 of 2021
==========================================================
              MAHESHBHAI HARGOVINDBHAI TRIVEDI
                           Versus
     STATE OF GUJARAT THROUGH SECRETARY MR. RAJ KUMAR
==========================================================
Appearance:
DIGPALSNGH H RATHORE(8083) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3
MR KM ANTANI, AGP for Respondent-State
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 CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
       ARAVIND KUMAR
       and
       HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI

                           Date : 18/10/2022

                             ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)

1. This contempt proceedings has been initiated for alleged

willful disobedience of order dated 2.5.2016 passed in Special

Civil Application No.6378 of 2008 and allied matters as well as

order dated 20.10.2021 passed in Special Civil Application

No.15439 of 2021.

2. We have heard learned counsel appearing for petitioner.

3. Perusal of order dated 2.5.2016 passed in Special Civil

Application No.6378 of 2008 and allied matters would indicate

that order of punishment imposed on the petitioner came to be

C/MCA/1038/2022 ORDER DATED: 18/10/2022

quashed and Disciplinary Authority was directed to consider

afresh the quantum of punishment to be inflicted upon the

petitioner by keeping in mind the observations made in the

judgment. Accordingly, Disciplinary Authority by order dated

9.4.2019 imposed a fresh punishment. It is there after petitioner

filed a fresh petition in Special Civil Application No.15439 of

2021 seeking for the benefits flowing from the order dated

9.4.2019. Said application came to be disposed of with an

observation to the following effect:-

"4. Having regard to the same, x x x in this judgment." Such decision is to be taken by the respondents at the earliest, more particularly in view of the fact that vide an order dated 10.12.2018 while the petitioner has been reinstated in service, the benefits for the period of removal was to be decided after a fresh order."

There being no positive direction issued in the aforesaid

order and order inflicting punishment on 9.4.2019 by the

competent authority itself indicating that in the event of

applicant being aggrieved by said order, he can file an

appeal, we do not deem it appropriate to continue this

contempt proceedings. Hence reserving liberty to the

petitioner to workout his rights in accordance with law,

this contempt proceedings stands DROPPED.

C/MCA/1038/2022 ORDER DATED: 18/10/2022

4. It is also to be noticed that order dated 10.12.2018 which

is said to have been passed by the competent authority or the

respondent has also not been placed before this Court.

Sd/-

(ARAVIND KUMAR,CJ)

Sd/-

(ASHUTOSH J. SHASTRI, J) OMKAR