PATEL JAGDISHBHAI AMRUTLAL Vs. RAJENDRABHAI D MODH

JUDGEMENT

(1.) These proceedings have been initiated alleging that the order dtd. 21/12/2018 passed in Special Civil Application No.7462 of 2012 and connected matters has been willfully disobeyed.

(2.) In these matters, notices having been issued, the State has appeared and filed its reply in Misc. Civil Application No.37 of 2020, which would suffice for considering the prayer made in all these contempt petitions.

(3.) At the outset, the plea raised by the State with regard to maintainability of the present contempt proceedings requires to be noticed. It is contended these petitions are not maintainable on the ground that complainants herein were not parties at any given point of time viz. either in the Special Civil Application or in Letters Patent Appeal No.1155 of 2019, which was dismissed on 9/5/2019. There is no dispute to the fact that these complainants not being party to Special Civil Application No.7462 of 2012, which order is now alleged to have been violated. On this short ground, these petitions can be rejected. Even otherwise, it requires to be noticed that stand of the State to stave off the contempt proceedings initiated against the contemners is on the ground that respondent had removed all the applicants from service way back in the year 2006 and same had never been challenged nor they had joined the services back. Thus, according to the respondent- contemner, the applicants were never in service in the year 2012.