A serious grievance is made by concerned person that the directions passed by the Court have not been complied with. In this regard, it is informed that under order dated 27.12.2011 passed in Special Civil Application No.4238 of 2011, the Court passed certain directions which the respondents, particularly the respondent No.1 is obliged to comply with. Despite the said directions, the concerned respondent has not obeyed the order of the Court.
2. The said default was brought to the notice of the Court during hearing on 8.2.2012 and that therefore, the Court was constrained to pass below mentioned order:-
"This Court (Coram: Anant S. Dave, J) vide order dated 27.12.2011 passed a detailed order giving directions to the respondents. Mr.Niraj Sharma, learned Assistant Government Pleader, on instructions from Mr.B.R.Chavda, Under Secretary, State of Gujarat, Finance Department, who is personally present in the court, states that the State Government intends to challenge the said order dated 27.12.2011 before the appellate bench and hence, seeks further time of two weeks.
In fact it is an admitted position that the directions issued by this Court are not complied with, even though the statutory time limit of 30 days for filing intra-court appeal is already over. As a last chance, time is granted. If no prohibitory order is passed by the next date, the concerned Secretary shall file affidavit explaining the reasons why the directions issued in order dated 27.12.2011 are not complied with. S.O. to 27.02.2012."
3. At the time when the hearing took place on 8.2.2012, the Court was given to understand that the concerned respondent was contemplating / proposing to carry the order in appeal.
However, though an appeal is said to have been filed, neither any stay or injunction order is granted in the appeal preferred nor the directions of the Court are complied with.
Hence, learned advocate for the petitioner has made serious grievance today.
4. In response to the grievance of learned advocate for the petitioner, learned AGP has tendered an affidavit dated 15.3.2012 and it is submitted that the said respondent is in process of filing / has filed the appeal against the order. He, however, has admitted that any order in the nature of stay or injunction against the operation of order dated 27.12.2011 and/or order dated 8.2.2012 has not been passed by the Hon'ble Division Bench.
5. Under the circumstances, in absence of any order of stay or injunction against the directions passed by the Court, concerned authority cannot, unto itself, grant stay or treat the operation of order as stayed and cannot disregard the order passed by the Court.
If the order is not complied with, in absence of any specific order of stay or injunction by 21.3.2012, then, the responsible officer of the respondent No.1 shall remain personally present before the Court on the next date of hearing.
S.O.
to 23.3.2012.
(K.M.Thaker, J.) kdc Top