SUO MOTU Vs. JAYANTIBHAI SOMABHAI

JUDGEMENT

(1.) On reading the newspaper report published in 'Gujarat Samachar' dated 16-4-1996, pertaining to the strike by some employees of the Civil Hospital, Ahmedabad, resulting into uncalled for hardships', inconveniences and miseries to the outdoor and in particular to indoor patients, surgical cases and their relatives/attendants in the Civil Hospital, Ahemdabad, one of us (Corum : K.J. Vaidya, J.) in overall public interest taking a suo-motu notice of the same, had passed the following order: Suo Motu Notice By Mr. Justice K.j. Vaidya If "A" commits wrong against "B", can "C" be punished for the said wrong of "A" ?? This is precisely the reflection question that arises in my mind today on reading the news report published in "Gujarat Samachar" dated 16-4-1996 (Annexure "A") pertaining to the strike by some employees of the Civil Hospital, Ahmedabad resulting into untold hardships, inconveniences and miseries to the patients undergoing treatment and their relatives in the Civil Hospital.

(2.) . Thereafter on 18-4-1996 when the matter was placed before the First Court [Coram : R.A. Mehta, Actg, CJ (as he then was) & M.S. Shah, J], the following order was passed :

(3.) By virtue of the aforesaid order, the matter was placed before this court. Moment the matter was called out, respondents present before the court were once again impressed upon with their totally unjust and illegal strike by emphatically repeating whatever has been observed earlier in suo-motu order dated 16-4- 1996. Initially the court's prima-facie view was strongly objected to by the respondents, but ultimately after a considerable debate they saw the light of the court's concern for the innocent patients languishing in the Civil Hospital who were left totally uncared high and dry and at the mercy of the striking nurses and were persuaded to call off the unjust strike. Accordingly, on 19-4-1996, the following order was passed :