Gujarat High Court
Alpeshkumar Hirabhai Makwana vs Anju Sharma & 3....Opponent(S) on 2 May, 2017
Author: R.Subhash Reddy
Bench: R.Subhash Reddy, Vipul M. Pancholi
C/MCA/1096/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 1096 of 2017
In SPECIAL CIVIL APPLICATION NO. 21105 of 2016
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ALPESHKUMAR HIRABHAI MAKWANA....Applicant(s)
Versus
ANJU SHARMA & 3....Opponent(s)
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Appearance:
MS.NIDHI P BAROT, ADVOCATE for the Applicant(s) No. 1
MR DHAWAN JAYSWAL, AGP for the Opponent(s) No. 1 - 2
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CORAM: HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH
REDDY
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 02/05/2017
ORAL ORDER
(PER : HONOURABLE THE CHIEF JUSTICE MR. R.SUBHASH REDDY)
1. This Miscellaneous Civil Application is filed under the provisions of Contempt of Courts Act, 1971 alleging that the respondents have violated the order passed by this Court on 19.12.2016 in Special Civil Application No.21105 of 2016.
2. In the group of matters, learned Single Judge, in the order dated 19.12.2016, by way of interim relief issued directions which read as Page 1 of 3 HC-NIC Page 1 of 3 Created On Wed Aug 16 06:36:41 IST 2017 C/MCA/1096/2017 ORDER under:
"12. Under the circumstances, the petitioners are required to be granted the protection by way of interim relief in the following manner:
1.The respondent-State shall CONTINUE to pay full salary and allowances to all the four petitioners.
2.The respondent-State shall also pass necessary order treating the petitioners on deputation and communicate the same to QIP authorities, which is under the AICTE, of the SVNIT within a period of ONE WEEK from the date of receipt of this order.
3.The petitioners shall file an undertaking that eventually, if, they do not succeed in this proceeding, they shall repay the excess amount with NINE per cent interest per annum.
4.In wake of the above directions to the State Government, Respondent No.3, in all these petitions, will ACCEPT the fees of the petitioners.
7.0 RULE. Learned AGP wavies service of rule on behalf of Respondent Nos. 1 and 2. Direct service is permitted qua the rest."
3. It is brought to our notice that during the pendency of this application, responding to the queries, the authorities have already clarified that they were sent on deputation in QIP programme. As such, they are entitled for the full salary during the period of deputation.
4. Having regard to such proceedings which were issued by the authorities, we are of the Page 2 of 3 HC-NIC Page 2 of 3 Created On Wed Aug 16 06:36:41 IST 2017 C/MCA/1096/2017 ORDER view that this is not a fit case to proceed further. Accordingly, this Miscellaneous Civil Application is disposed off. It is made clear that in case of any difficulty, it is open to the applicant to revive the same.
(R. SUBHASH REDDY, CJ) (VIPUL M. PANCHOLI, J.) Srilatha Page 3 of 3 HC-NIC Page 3 of 3 Created On Wed Aug 16 06:36:41 IST 2017