RAMESHBHAI T PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an application for contempt alleging violation of our order dated March 15, 2012 by which we disposed of two public interest litigations filed by the present applicant. The subject matter of those applications was the irregularity committed by the respondent-authority in developing a pond, namely, Para Talav and also various illegalities committed in passing necessary bill of the contractor for development of the said pond. We, by our order dated March 15, 2012, disposed of the applications by directing the respondent to complete investigation and pass necessary order within three months from that date. We further mentioned that the respondent should take necessary action against the persons, if found guilty on final investigation.

(2.) IN the month of July, 2012, this application for contempt was filed alleging that in spite of expiry of three months mentioned in our order dated March 15, 2012, investigation had not been concluded nor had any step been taken against the persons guilty.

(3.) IT appears that on final investigation four persons were found guilty, namely, (i) Chief Officer, (ii) City Engineer, (iii) President and (iv) Contractor. So far as the Chief Officer is concerned, our attention has been drawn to the fact that on departmental inquiry, after giving her an opportunity of defending the matter, she has been found guilty and she has been censured. So far as the City Engineer is concerned, against him departmental proceeding is concluded but final order is yet to be passed. So far as the President is concerned, as his term expired, there was no scope of passing any order of removal provided under the Act. As regards the Contractor, it is stated by Mr Mehul Shah, the learned advocate that in view of loss suffered by the Municipality, a sum of Rs.4,17,717/- has been deducted from the security deposit.