(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. The applicant-original petitioner of Special Criminal Application No.3432 of 2011 has filed this contempt petition alleging that respondent No.4-Gujarat Agro Industries Corporation has not complied with the directions issued by the learned Single Judge in order dated 17.01.2012. The applicant is an employee of Gujarat Agro Industries Corporation. His case is that the co-employee has raised false medical bills. He, therefore, wishes that criminal prosecution be initiated against such co-employee-Shri M.L. Patel and others. He made attempt himself to start such prosecution. While no cognizance was taken by the authorities, he filed Special Criminal Application No.3432 of 2011. In such petition, he had joined only State of Gujarat as party respondent. Learned Single Judge disposed of the petition passing following order:-
"This petition under Articles 226 and 227 of the Constitution of India is filed by the petitioner seeking directions against respondent authorities to investigate the offences alleged to have been committed by co-employee by claiming false medical bills and registered FIR accordingly.
As per the information availed by the petitioner, after submission of medical bill about knee operation co-employee had claimed medical bill and infact upon inquiry it was found that record of the Civil Hospital reveal that no such operation was undergone by the co-employee.
If that is so, the competent authority of the Gujarat Agro Industries may consider the above aspect in accordance with law and take necessary action.
No further direction can be given as prayed for. This petition is summarily rejected."
2. After said order was passed by this Court, petitioner approached Gujarat Agro Industries Corporation seeking initiation of action against said Shri M.L. Patel and others. Since he received no response, he has filed this contempt petition.
3. Counsel for the petitioner vehemently contended that this Court directed Gujarat Agro Industries Corporation to consider and take action in accordance with law. The Corporation has failed in doing so. Responsible officer i.e. Managing Director of the Corporation has committed contempt of the Court's order. We are however, of the opinion that the learned Single Judge has given no direction of which breach can be complained of. We may recall that the Special Criminal Application was filed for initiating prosecution against some of the co-employees of the applicant. In such petition, the applicant had not even joined Gujarat Agro Industries Corporation as party respondent. Obviously, no notice was issued to such organization. Learned Single Judge merely made remark while disposing of the petition that the competent authority may consider and take steps in accordance with law. To our mind, in absence of any directions, question of breach of any directions and consequent contempt does not arise. The petition, therefore, stands dismissed.
(AKIL KURESHI, J.) (C.L. SONI, J.) Hitesh Top