CJNZ MADRESA TRUST Vs. DARA D JOKHI

JUDGEMENT

(1.) This application had come up for hearing before the Bench comprising Mr. Justices R. Balia & A.R Dave. By order dated 2nd July, 1999, the Bench observed that, "the petition contains allegations both relating to wilful disobedience of an injunction order amounting to civil contempt against some of the respondents as well as charges of criminal contempt relating to obstructing the course of proceedings and administration of justice by some of the respondents. It is appropriate that address of civil contempt and criminal contempt are segregated." The Bench, therefore, directed, to segregate the assertions made in respect of civil contempt and criminal contempt and file two or more separate fresh petitions as are deemed appropriate to give true picture. The proceedings taken thus far in this application shall be considered to be proceedings in the so segregated applications filed as far as they relate to such proceedings independently and these proceedings shall be deemed to be in continuation of this application." In view of the above direction, the applicant took out Criminal Misc. Application No. 4565 of 1999 in respect of the allegations of commission of criminal contempt for obstructing the course of proceedings and administration of justice. We are informed that the said criminal misc. application has been heard and decided separately. In respect of the alleged civil contempt, the applicant has taken out the above Misc. Civil Application No. 1429 of 1999.

(2.) The applicant herein is a Public Charitable Trust duly registered as such. The applicant-Trust [hereinafter referred to as, "the Trust"] runs and manages a High School at Navsari. The opponent No.1-Dara D.Jokhi was the principal in the said High school. For certain acts of misconduct, a disciplinary action was contemplated against the said Dara D. Jokhi. Pending the disciplinary action, by Order dated 13th December, 1996, the said Dara D. Jokhi was suspended from service. He was also directed to hand over the charge to the incharge Principal, the opponent No.2. Nevertheless, the said Dara D. Jokhi forcibly broke open the sealed cupboards and removed certain records. Feeling aggrieved, the Trust approached the Gujarat Secondary Education Tribunal, Ahmedabad [hereinafter referred to as, "the Tribunal"] by Application No. 749 of 1996. On 20th December, 1996 the said Application No. 749 of 1996 was entertained by the Tribunal. The Tribunal was pleased to pass ad interim order restraining the said Dara D. Jokhi from entering the High School premises and from obstructing the Incharge Principal from performing his duty.

(3.) The opponents claiming to be the Trustees of the Trust, by Order dated 13th January, 1998, cancelled the order of suspension made against the said Dara D. Jokhi and in defiance of the aforesaid order of injunction made by the Tribunal directed the said Dara D. Jokhi to report for duty. The said Dara D. Jokhi also, inspite of the said order of injunction, without approaching the Tribunal or seeking permission of the Tribunal, on 13th January, 1998 entered the school premises; forcibly took over the charge from the incharge principal, the opponent No.2, and resumed the duty as principal of the High School. He has since been functioning as the Principal of the High School in flagrant violation of the injunction issued by the Tribunal. The said Dara D. Jokhi has thus committed contempt of the Tribunal on 13th January, 1998 and has continued his contumacious conduct till the date.