Judgement

J. S. VERMA, J.:- Leave granted.

2. This appeal by special leave is against the order Dated 18-3-1994 made in Misc. Civil Application No. 1841 of 1993 in Special Civil Application No. 1497 of 1988, by a Division Bench (R. A. Mehta and B. J. Shethna, JJ.) of the High Court of Gujarat. The impugned order was passed in unusual circumstances which are mentioned hereafter.

3. Respondents J. G. Rajput is an employee of the Ahmedabad Municipal Corporation. He filed a writ petition-Special Civil Application No. 1497 of 1988-in the High Court of Gujarat challenging his suspension by order Dated 14-3-1988 in which he was represented by Shri B. J. Shethna (later appointed a Judge of the High Court of Gujarat) as his counsel. The respondent obtained an order on 28-3-1988 staying his suspension (Annexure-A). Thereafter, Shri B. J. Shethna was elevated to the Bench of the Gujarat High Court and the respondent was then represented by Shri Adli Mehta as his counsel. A settlement was arrived at between the Ahmedabad Municipal Corporation and the respondent before the High Court which was recorded on 28-2-1990 and S. C. A. No. 1497 of 1988 was permitted to be withdrawn by C. K. Thakkar, J. before whom it was listed (Annexure-B). The Corporation contends that in terms of settlement, the respondent was confirmed in service in the scale of Rs. 950-1400 and was also allotted a residential quarter. Thereafter on 8-4-1991, the respondent filed Misc. Civil Application No. 540 of 1991 for review of the final order made in S. C. A. No. 1497 of 1988 which came up for hearing before C. K. Thakkar, J. who rejected the review application on 2-4-1992 on his satisfaction that the terms of settlement had been complied with by the Municipal Corporation (Annexure-C).

4. Thereafter on 7-5-1993, the respondent was served with a charge sheet for theft of some municipal property vide Annexure D. According to the Municipal Corporation, this chargesheet was unconnected with the earlier dispute which had ended in the manner aforesaid and it related to a subsequent incident of theft. However, the respondent filed Misc. Civil Application No. 1109 of 1993 in the High Court wherein it was prayed that the inquiry pursuant to the said chargesheet be stayed and the appellants who are the Municipal Commissioner and Deputy Municipal Commissioner of the Ahmedabad Municipal Corporation be punished for contempt of the Court and the earlier Special Civil Application No. 1497 of 1988 be restored. This M. C. A. No. 1109 of 1993 was dismissed by C. K.Thakkar, J. on 30-7-1993 vide Annexure E which reads as under:-

"On the basis of the compromise arrived at between the parties, the main matter i. e. Spl. C. A. No. 1497 of 1988 came to be disposed of by an order dt. December 29, 1990. An application for review being M. C. A. No. 3 of 1991 came to be filed by the present applicant, which was rejected by the order April 2, 1992. Once again, the present application is made. The applicant-party-in-person drew my attention to a charge-sheet issued to him by the Commissioner on May 7, 1993. I am not expressing any opinion so far that chargesheet is concerned, but there is no question of reviewing the earlier matter when the review application came to be disposed of. Hence, this application is rejected. D. S."

However, the respondent did not accept that the controversy in Special Civil Application No. 1497 of 1988 had concluded as held once again in the above order by C. K. Thakkar, J. and on 21-12-1993, he filed a contempt petition-Misc. Civil Application No. 1841 of 1993 under the Contempt of Courts Act, 1971 (Annexure F). This contempt petition came up for hearing on 22-12-1993 before a Division Bench of the High Court comprised of R. A. Metha and B. J. Shethna, JJ. The Division Bench issued notice of the matter returnable on 29-12-1993. On29-12-1993 when the matter was again taken up by the same Division Bench, the counsel appearing on behalf of the Ahemdabad Municipal Corporation reque