Gujarat High Court
Vikash Omveersingh Chaudhary vs Pravin Chandra Sinha, Principal ... on 12 September, 2022
Bench: Ashutosh J. Shastri
C/MCA/722/2022 ORDER DATED: 12/09/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 722 of 2022
In R/SPECIAL CIVIL APPLICATION NO. 16620 of 2020
With
CIVIL APPLICATION (FOR AMENDMENT) NO. 1 of 2022
In R/MISC. CIVIL APPLICATION NO. 722 of 2022
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VIKASH OMVEERSINGH CHAUDHARY
Versus
PRAVIN CHANDRA SINHA, PRINCIPAL CHIEF SECURITY
COMMISSIONER
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Appearance:
MR ASIT B JOSHI(2567) for the Applicant(s) No. 1
MR RAMNANDAN SINGH(1126) for the Opponent(s) No. 2
NOTICE NOT RECD BACK for the Opponent(s) No. 1
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CORAM:HONOURABLE THE CHIEF JUSTICE MR. JUSTICE
ARAVIND KUMAR
and
HONOURABLE MR. JUSTICE ASHUTOSH J. SHASTRI
Date : 12/09/2022
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. JUSTICE ARAVIND KUMAR)
[1] This contempt proceedings have been initiated for alleged
willful disobedience of the order dated 12.04.2022 passed in
Special Civil Application No.16620 of 2020 whereunder the
following direction came to be issued:
"8. Considering the principle as aforesaid, the petition is
allowed. The respondents are directed to regularize the
C/MCA/722/2022 ORDER DATED: 12/09/2022
period of suspension from 11.02.2006 to 03.10.2007 as
being the period spent on duty. The exercise shall be
completed within three months from the date of receipt of
the writ of this order. However, it is clarified that the
extension of such benefits shall be specifically subject to
the outcome of the criminal appeal being Criminal Appeal
No. 470 of 2008 and when such benefits are extended, the
order so granting such benefit shall specifically state that
this order is subject to final outcome of the Criminal
Appeal No. 470 of 2008. Direct service is permitted."
[2] The aforesaid order was the subject matter of challenge in
Letters Patent Appeal No.1021 of 2022 which came to be
disposed of by order dated 03.08.2022 whereunder the
following order came to be passed:-
" Having heard learned advocates for the respective
parties, it would be open for the appellant - Union of India
to pass appropriate order including to decide whether to
pay the amount towards the salary for the suspension
period in compliance with the direction issued by this
Court by the impugned order, particularly, para - 8 of the
judgment.
Such order would be subject to the challenge, if the
employee is aggrieved with the said order.
With the above direction, appeal stands disposed of."
C/MCA/722/2022 ORDER DATED: 12/09/2022
[3] A plain reading of the aforesaid two orders would indicate
that learned Single Judge had directed the respondents to
regularize the period of suspension of the petitioner from
11.02.2006 to 03.10.2007 as being the period spent on duty.
However, the Division Bench while adjudicating the appeal of
the Union of India, reserved the liberty to the Union of India to
pass appropriate orders including the decision as to whether to
pay the amount towards the salary for the suspension period as
directed by the learned Single Judge. The Division Bench has
further observed that if such an order is passed against the
employee, he would be at liberty to challenge the same.
[4] At this juncture, Shri Ramnandan Singh, learned counsel
appearing for the respondents submits that the competent
authority will pass the order within 10 days from today. His
submission and undertaking placed on record. Reserving liberty
to the complainant to revive this complaint in the event of such
order not being passed, the contempt proceedings stands
closed.
C/MCA/722/2022 ORDER DATED: 12/09/2022
[5] In view of contempt proceedings stands having been
disposed of on merits, Civil Application No.1 of 2022 does not
survive for consideration and it stands dismissed.
(ARAVIND KUMAR, C.J.)
(ASHUTOSH J. SHASTRI, J.)
DHARMENDRA KUMAR
