Gujarat High Court
Kiritkumar Laxmansinh Rajput vs P.M. Christian & 2....Opponents on 17 April, 2017
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/MCA/192/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 192 of 2017
In SPECIAL CIVIL APPLICATION NO. 9616 of 2015
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KIRITKUMAR LAXMANSINH RAJPUT....Applicant
Versus
P.M. CHRISTIAN & 2....Opponents
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Appearance:
RAHUL SHARMA, ADVOCATE for Applicant
MS RV ACHARYA, ADVOCATE for Opponent No. 3
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 17/04/2017
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. This Misc. Civil Application is filed by the applicant under the provisions of the Contempt of Courts Act, 1971, alleging that the opponents have willfully and deliberately violated the directions issued by learned single Judge of this Court in the order dated 21st June, 2016 in Special Civil Application No. 9616 of 2015.
2. Special Civil Application No. 9616 of 2015 was filed by the applicant, original petitioner challenging the order dated 22nd May, 2015, passed by the State Appropriate Authority Page 1 of 5 HC-NIC Page 1 of 5 Created On Sun Aug 13 06:51:41 IST 2017 C/MCA/192/2017 ORDER (PC&PNDT Act), Gandhinagar in Appeal No. 24 of 2014, dismissing the appeal of the applicant, and also the order dated 22nd September, 2014 passed by the Appropriate Authority PC & PNDT and Chief District Health Officer, Mehsana, suspending the registration of the applicant in exercise of powers under the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994. The said Special Civil Application was disposed of by the learned single Judge by order dated 21st June, 2016, by passing the following order:
"The impugned order dated 22/09/2014 passed by respondent No.3 i.e. Chief District Health Officer as well as order dated 22/05/2015 passed by State Appropriate Authority (PC & PNDT), Gandhinagar in Appeal No.24 of 2014 are hereby quashed and set aside. It would be open for the petitioner to produce additional documents before respondent No.3, who has to decide the proceedings initiated pursuant to Notice dated 01/07/2014, within a period of two weeks from today. After giving an opportunity of personal hearing to the petitioner and after examining all the relevant materials, respondent No.3 shall decide the matter afresh, without being influenced by the earlier orders i.e. order passed by respondent No.3 as well as Appellate Authority. The decision shall be taken by respondent No.3 within a period of two months from the date of receipt of copy of this order. The petitioner shall co-operate with the hearing and shall not ask for adjournments and the authority shall not adjourn the matter, without any cogent reasons."
3. In this contempt application, it is the case of the applicant that in spite of the directions issued by the learned single Judge of this Court for grant of opportunity of hearing to the applicant Page 2 of 5 HC-NIC Page 2 of 5 Created On Sun Aug 13 06:51:41 IST 2017 C/MCA/192/2017 ORDER before passing appropriate order, the Appropriate Authority PC & PNDT and Chief District Health Officer, District Panchayat, Mehsana, in violation of the directions issued by the learned single Judge, has passed an order on 16th July, 2016 without hearing the applicant. It is further submitted that on the very same date of hearing, another notice was issued to the applicant, which runs contrary to the directions issued by the learned single Judge.
4. We have heard Mr. Rahul Sharma, learned counsel for the applicant and Ms R.V.Acharya, learned counsel for opponent no.3, and have perused the materials on record.
5. It appears that as validity of the period of registration of the applicant expired, the applicant moved an application dated 27th June, 2016, seeking renewal of his registration. Pursuant to the same, the order dated 16th July, 2016, is passed, which is alleged to have been passed by the Appropriate Authority PC & PNDT and Chief District Health Officer, District Panchayat, Mehsana, in violation of the directions issued by this Court. The said order is not an order of suspension, suspending the registration of the applicant, but is an order rejecting application of the applicant dated 27th June, 2016, requesting for renewal of registration. Further, it is also brought to our notice that reasoned order is passed by the Appropriate Authority PC & PNDT Act and Chief District Health Officer, District Panchayat, Mehsana on 20th August, 2016, which is in Page 3 of 5 HC-NIC Page 3 of 5 Created On Sun Aug 13 06:51:41 IST 2017 C/MCA/192/2017 ORDER compliance of the directions issued by the learned single Judge of this Court. A perusal of the above order makes it abundantly clear that in spite of repeated notices for hearing, the applicant did not remain present, and by referring to such notices, reasoned order is passed by the Appropriate Authority PC & PNDT Act and Chief District Health Officer, District Panchayat, Mehsana on 20th August, 2016. In that view of the matter, we are of the view that it is not open for the applicant to plead that the order dated 16th July, 2016 is passed by the authority in violation of the directions issued by this Court without giving an opportunity of hearing to him. It is to be noticed that the order dated 16th July, 2016 is not an order of suspension of registration of the applicant, but is an order rejecting the application of the applicant dated 27th June, 2016 seeking renewal of his registration. In that view of the matter and after looking at the order dated 20th August, 2016, passed by the authority, no case is made out for grant of relief as prayed for.
6. In that view of the matter, this application is totally devoid of merit and accordingly, the same is dismissed. Notice is discharged. No order as to costs.
(R. SUBHASH REDDY, CJ) Page 4 of 5 HC-NIC Page 4 of 5 Created On Sun Aug 13 06:51:41 IST 2017 C/MCA/192/2017 ORDER (VIPUL M. PANCHOLI, J.) pirzada Page 5 of 5 HC-NIC Page 5 of 5 Created On Sun Aug 13 06:51:41 IST 2017