SUO MOTU Vs. P C PANDYA

JUDGEMENT

(1.) Heard learned counsel for the noticee. The noticee/contemner is also in attendance.

(2.) It is to be recorded that on 21.3.2005, when Division Bench of this Court was hearing the arguments of the parties in Special Civil Application No. 3928 of 2005, a mobile phone started ringing in the Court. On inquiries, the holder of the mobile phone informed that he is Mr. Pravinkumar C. Pandya, Chief Engineer, Gujarat Electricity Board. The Court, taking a serious view of the matter and as the proceedings were disturbed, recorded its shock and surprise after watching the conduct of the said Chief Engineer. Telephone set was immediately seized and notice was directed to be issued to Mr. Pravinkumar C. Pandya as to why he should not be awarded appropriate punishment for causing disturbance in the Court proceedings.

(3.) The noticee has submitted his reply. According to him, he has the highest regard for the Court and would never commit any intentional act to disturb the Court proceedings, he tendered his apology in his first reply dated 3rd April, 2004. He has again submitted his additional reply/supporting affidavit dated 4th April, 2004. He has submitted that he had received the telephone recently and as he himself could not understand all the operations of the mobile phone and because of inadvertence he could not switch off the telephone before entering the Court or when it first started ringing therefore and as there are no voluntary or willful lapses on his part, he be discharged and be pardoned of his act.