Gujarat High Court
Abhilasha Joshi D/O S S Joshi vs Rajesh Kumar Srivastava, The ... on 7 March, 2023
Bench: Niral R. Mehta
C/MCA/1229/2022 ORDER DATED: 07/03/2023
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION NO. 1229 of 2022
In
R/SPECIAL CIVIL APPLICATION NO. 780 of 2009
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ABHILASHA JOSHI D/O S S JOSHI
Versus
RAJESH KUMAR SRIVASTAVA, THE CHAIRMAN AND MANAGING
DIRECTOR
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Appearance:
MR CJ VIN(978) for the Applicant(s) No. 1
MR AJAY R MEHTA(453) for the Opponent(s) No. 1,2,3
NOTICE SERVED BY DS for the Opponent(s) No. 4
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CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE NIRAL R. MEHTA
Date : 07/03/2023
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Following order dated 6.3.2023 was passed by the court
awaiting the presence of learned advocate Mr.C.J.Vin for the
applicant.
"Following were the directions of learned single
Judge in its order dated 19.9.2022 passed in
Special Civil Application No. 780 of 2009, which
are made subject matter of present contempt
proceedings filed under the Contempt of Courts
Act, 1971,
C/MCA/1229/2022 ORDER DATED: 07/03/2023
"The Court cannot help but observe that
witch hunting agenda of the superior officer
in initiating of elaborate proceedings for
trivial issues for which the petitioner was
charge sheeted and then appointing Ex-CBI
officer of DIG Rank as Inquiry Officer as a
part of such agenda, the Court can only
imagine the amount of resources put behind
this work for which the superior officers had
nothing to loose. A pragmatic approach of
such superior officer would have prevented
the burden on the exchequer. This Court
directs the respondentONGC to make entry
of this paragraph of this judgment and
order in service record of the concerned
officer after making due inquiry and after
following principles of natural justice and
affix responsibility on the officer/s who have
initiated the proceedings against the
petitioner."
2. Notice was issued by the court on 17.11.2021.
The application thereafter came up for
consideration on different dates. On 22.12.2022,
it appeared that Letters Patent Appeal was filed
by the respondent Oil and Natural Gas Agency
against judgment and order which are brought
under contempt.
2.1 In the said Letters Patent Appeal No. 1505
pf 2022, as the order dated 8.12.2022 reflects,
the following statement was made by the
applicant-respondent in the Letters Patent
Appeal, who appeared as partyin-person,
"Respondent-Ms. Abhilasha Joshi appearing
as party in person requests for two months'
time. She states that she will not insist to
proceed with the contempt application
which she has filed."
2.2 Thereafter, the present proceedings came up
on 22.12.2022, on which date the following
order was passed,
C/MCA/1229/2022 ORDER DATED: 07/03/2023
"Ms. Abhilasha Joshi, who appears in
person, states that through oversight and
bonafide mistake, she has requested time
for filing affidavit in reply in Letters Patent
Appeal No.1505/2022 which has been filed
by the respondent herein. She requests that
she shall file affidavit in reply in the
aforesaid Letters Patent Appeal on or before
13.01.2023 and copy thereof shall be
supplied to the learned advocate appearing
for the respondent. Present application
alongwith Letters Patent Appeal
No.1505/2022 and Civil Application (For
Stay) No.1/2022 in LPA No.1505/2022 to be
listed on 17.01.2023. Mr. Santhosh P. John,
Chief Manager (HR), who is present today
in the Court is not required to remain
personally present before this Court on the
next date of hearing."
3. In light of the above development, learned
senior advocate Mr. Marshal stated that the
present proceedings may not survive and it may
accordingly be disposed of.
4. However, in absence of learned advocate Mr.
Vin for the applicant, proceedings could not be
carried to its logical end.
5. In order to give chance to the applicant, put
up on 7.3.2023."
2. Today when the application is posted, learned advocate for
the applicant is present. He fairly stated that Letters Patent
Appeal No.1505 of 2022 is preferred by the other side in respect
of judgment and order of learned single Judge brought under the
contempt jurisdiction.
3. In view of what is recorded in the aforesaid order dated
6.3.2023, the present proceedings for contempt are required to
C/MCA/1229/2022 ORDER DATED: 07/03/2023
be closed for the present in view of Letters Patent Appeal
preferred by the respondent.
4. It goes without saying that the parties will abide by the
outcome of the Letters Patent Appeal.
5. Accordingly present proceedings are closed and disposed
of. Notice is discharged.
(N.V.ANJARIA, J)
(NIRAL R. MEHTA,J)
Manshi
