Piyush Ramanlal Shah vs Central Vigilance Commission on 23 July, 2019

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Gujarat High Court

Piyush Ramanlal Shah vs Central Vigilance Commission on 23 July, 2019

Bench: A.Y. Kogje

        C/SCA/5823/2019                                         ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 5823 of 2019
                             With
    CIVIL APPLICATION (FOR BREACH OF ORDER) NO. 1 of 2019
                               In
          R/SPECIAL CIVIL APPLICATION NO. 5823 of 2019

================================================================
                      PIYUSH RAMANLAL SHAH
                               Versus
                   CENTRAL VIGILANCE COMMISSION
================================================================
Appearance:
ADITYA A GUPTA(7875) for the Petitioner(s) No. 1
MOHIT A GUPTA(8967) for the Petitioner(s) No. 1
MR DEVANG VYAS(2794) for the Respondent(s) No. 1
MRS SUMAN KHARE(2226) for the Respondent(s) No. 2
================================================================

 CORAM: HONOURABLE MR.JUSTICE A.Y. KOGJE

                             Date : 23/07/2019

                              ORAL ORDER

1. This petition is filed is filed primarily with the following prayers :-

"(a) YOUR LORDSHIPS BE PLEASED to issue a writ in the nature of mandamus or any other writ, order or direction to direct the Respondents to consider and decide the applications made by the Petitioner for protection as a whistleblower as per the Resolution dated 21.04.2004 bearing No.371/12/2002-AVD-III issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training, within a period of 2 weeks in the interest of justice.

(b) YOUR LORDSHIPS BE PLEASED to issue a writ in the nature of mandamus or any other writ, order or direction, to direct the Respondents to consider and decide the complaint dated 04.09.2017 made by the Petitioner and submit the report over the complaint as envisaged under the Circular for protection as a whistleblower as per the circular No.12/09/18 dated 28.09.2018, within a period of 2 weeks in the interest of justice.

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(c) YOUR LORDSHIPS BE PLEASED to direct the Respondents to consider and decide the applications made by the Petitioner for protection as a whistleblower as per the Resolution dated 21.04.2004 bearing No.371/12/2002-AVD-

III issued by the Ministry of Personnel, Public Grievances and Pensions, Department of Personnel & Training and to direct the Respondents to consider and decide the complaint dated 04.09.2017 made by the Petitioner and submit the report over the complaint as envisaged under the Circular for protection as a whistleblower as per the Circular No.12/09/2018 dated 28.09.2018 in the interest of justice."

2. However, today, learned Advocate for the petitioner restricts his prayer to the prayer Clause (c) so that a decision can be taken on the complaint dated 04.09.2017 made by the petitioner.

3. In response to the notice issued vide order dated 20.03.2019, it was submitted on behalf of the Union of India that perhaps a decision on such an application is already taken. However, even after the adjournment nothing is coming on record on part of the respondent about a decision on the aforesaid application.

4. In view of the aforesaid, it would be appropriate to direct that a decision if taken on the complaint dated 04.09.2017 be immediately communicated to the petitioner and if such a decision is not taken, then the same be taken within a period of two months, after affording an opportunity of hearing.

5. With the aforesaid, the petition stand disposed of.

6. In view of the order passed in the main matter, the Civil Application does not survive and stands disposed of accordingly.

(A.Y. KOGJE, J) CAROLINE Page 2 of 2 Downloaded on : Wed Jul 24 01:12:11 IST 2019

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