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2025 DAILYLAW 5136 (GUJ)

CHETAN JAYANTILAL RAJGOR v. SUNAINABEN TOMAR, IAS

MCA/750/2019 · 2025-01-20

A S Supehia, Gita Gopi

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Judgment text

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C/MCA/750/2019 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION NO. 750 of 2019 In R/SPECIAL CIVIL APPLICATION NO. 4439 of 2017 ========================================================== CHETAN JAYANTILAL RAJGOR Versus SUNAINABEN TOMAR, IAS ========================================================== Appearance: MR GAURAV K MEHTA(5227) for the Applicant(s) No. 1 for the Opponent(s) No. 1,2,3,4 ========================================================== CORAM: HONOURABLE MS. JUSTICE SONIA GOKANI And HONOURABLE MR. JUSTICE N.V.ANJARIA Date : 28/08/2020 ORAL ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA) Heard learned advocate Mr. Gaurav Chudasma for the applicant. 2. In this application, the applicant original petitioner has invoked the contempt jurisdiction of this court in respect of non-compliance of the directions in order dated 8.5.19 in Special Civil Application NO. 4439 of 2017. 2.1 The termination order against the applicant was passed by respondent No.2 Commissioner of Transport against the petitioner was set aside and the petitioner was directed to be reinstated C/MCA/750/2019 ORDER on the original post of Assistant Motor Vehicle Inspector, Class-III, with continuity of service and with payment of salary/wages for the interregnum as well as consequential benefits which may arise for the applicant, as if the order of termination was never passed. The directions were to be complied with within 8 weeks 3. On 4.9.2019, it was stated by learned Assistant Government Pleader before the court that the State has preferred Letters Patent Appeal. In that view the proceedings were adjourned. 4. Today, the court is informed that the said Letters Patent Appeal No. 1596 of 2020 preferred by the state against the orders sought to be implemented has already been dismissed on 27.7.2020. 4.1 Learned advocate for the applicant states that other similarly situated persons have been reinstated by the authorities in service. It was further stated that the authorities have not chosen to approach Apex Court. 5. In the above circumstance, no option is left for the respondents but to comply with the directions in order dated 8.5.2019 in Special Civil Application No. 4439 of 2017 by reinstating C/MCA/750/2019 ORDER the petitioner and conferring on him the benefits of salary for the intervening period etc. as directed in the order. 6. We grant four weeks time to the respondents, within which the directions shall be complied with unless the appropriate orders are obtained from the higher court. 7. Present Misc. Civil Application is disposed of accordingly. (SONIA GOKANI, J) (N.V.ANJARIA, J) MISHRA AMIT V./cmjoshi