(PER : HONOURABLE MR.JUSTICE D.H.WAGHELA)
1. Learned counsel Mr.U.M.Shastri has appeared today without even a copy of previous order and stated that Mr.N.A.Patel, In-charge District Development Officer of Panchmahals District, is personally present in the Court. It was only upon making specific query with reference to the previous order dated 24.12.2012, he submitted that Ms.Shalini Agrawal, District Development Officer, Panchmahals at Godhra, who was required to remain personally present is not present, and in lieu of her, the In-charge District Development Officer has been kept present. Thus, Mr.Shastri, learned counsel for the opponent, has not only not taken care to attend the Court on previous occasion, but even after knowing the substance of the order, claimed ignorance and substituted the person required to remain personally present before this Court today. He further submitted that the order dated 03.05.2010 of the Gujarat Civil Services Tribunal in Appeal No. 3 of 2008 is now subject matter of challenge in a petition filed by District Panchayat and he is hopeful about obtaining some order in that petition.
2. In view of the evasive and contemptuous attitude adopted by the opponent, it was put to Mr.Shastri as to why the absence of the officer concerned, despite the order as aforesaid, and non-payment of legal dues to the applicant for more than two years should not be viewed seriously so as to frame appropriate charge against the officer concerned. Responding to that, learned counsel Mr.Shastri stated on instructions that, besides securing presence of the officer concerned on the next date of hearing, the opponent shall deposit the sum of Rs.8.00 lacs (Rupees Eight Lacs) towards the payment required to be made to the applicant subject to any order which may be issued or obtained in any related judicial proceedings. On that basis, he sought time upto 23rd January, 2013, before which the payment is promised to be made either to the applicant or by deposit of the amount in the Registry of the High Court, subject to final calculation of the legal dues payable to the applicant.
3. Hence, S.O.
to 23rd January, 2013, on which date the In-charge District Development Officer, Panchmahals District shall remain personally present with calculation of the amounts due to the applicant.
(D.H.WAGHELA, J.) (G.R.UDHWANI, J.) syed/ Page 3 of 3