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Gujarat High Court

Ganpatram Keshavbhai Chauhan vs State Of Gujarat on 5 August, 2020

Author: Sonia Gokani

Bench: Sonia Gokani, N.V.Anjaria

         C/MCA/404/2020                                 ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/MISC. CIVIL APPLICATION NO. 404 of 2020

         In R/SPECIAL CIVIL APPLICATION NO. 20172 of 2017

==========================================================
                  GANPATRAM KESHAVBHAI CHAUHAN
                              Versus
                        STATE OF GUJARAT
==========================================================
Appearance:
MR NK MAJMUDAR(430) for the Applicant(s) No. 1
for the Opponent(s) No. 1,2,3
==========================================================

 CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI
        and
        HONOURABLE MR. JUSTICE N.V.ANJARIA

                           Date : 05/08/2020

                        ORAL ORDER

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI) With the following prayers, the present application has been preferred under Article 215 of the Constitution of India and the provisions of the Contempt of Courts Act.

"(11) In the premises aforesaid, the applicant prays that:-

(A) This Hon'ble Court may be pleased to admit and allow this application.

(B) This Hon'ble Court may be pleased to pass appropriate order under Section 10 of the Contempt of Courts Act, 1971 and be pleased to initiate proceedings under the Contempt of Courts Act, 1971 and be pleased to initiate proceedings under the Contempt of Courts Act 1971 and be pleased to punish the opponents under the provisions of the Contempt of Courts Act, 1971 for committing willful breach/willful disobedience of the order dated 16.12.2019 passed by the learned Single Judge (Coram: Hon'ble Mr. Justice N.V.Anjaria, ) in Special Civil Application No. 20172 of 2017.

100.This Hon'ble Court may be pleased to pass Page 1 of 3 Downloaded on : Thu Aug 06 23:17:24 IST 2020 C/MCA/404/2020 ORDER further order for inflicting punishment of si months upon the opponents and further be pleased to direct the opponents to purge the contempt and direct the opponents to obey the order dated 16.12.2019 passed by the learned Single Judge (Coram Hon'ble Mr. Justice N.V. Anjaria) in Special Civil Application No. 20172 of 2017.

(D) This Hon'ble Court may be pleased to grant such other and further relief an/or order as deemed fit in the facts and circumstances of the case and in the interest of justice."

2. According to the applicant, clear directions were issued in his favour entitling him to the 3rd higher pay-scale in the petition preferred by him being Special Civil Application No. 20172 of 2017 on 16.12.2019 and another benefits have not been complied with till date, although not only the judgment and order has been communicated to the concerned authorities, there are plethora of remainders sent.

3. We have heard learned advocate Mr. Nirav Majmudar on an advance copy. Learned Assistant Public Prosecutor has appeared and waived service of notice for and on behalf of respondents No.1 and 2.

4.Let the compliance be made on or before the returnable date or else opponent No.3 shall remain personally present.

Direct service through e-mode permitted.

(MS. SONIA GOKANI, J. ) (N.V.ANJARIA, J. ) MISHRA AMIT V./sudhir Page 3 of 3 Downloaded on : Thu Aug 06 23:17:24 IST 2020