ORAL ORDER

(PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. This petition is filed alleging that the respondents have not fully complied with the directions of this Court in order dated 13.09.2023 passed in Special Civil Application No.17966 of 2022.

2. According to the directions, the applicant was required to be reinstated in the services and was to be given all consequential benefits. According to the applicant, the respondents have only partially complied with the directions as he is being now taken back in service after the brief suspension, but the applicant’s case has not been considered for promotion. According to the applicant, as there is a direction of granting consequential benefits and also as is recorded in para-6 of the very order that there is no departmental inquiry or charge-sheet issued against the applicant, there has no reason for not granting the benefit of promotion and being considered for the promotion also.

3. Learned Assistant Government Pleader has drawn attention of this Court to the affidavit-in-reply, particularly to the contents of the para-4, where the reason is given as to why the applicant has not been granted promotion though the case of the applicant was put up before the Departmental Promotion Committee.

4. Heard learned advocates for the parties and perused the documents placed on record. The directions issued by this Court in Special Civil Application No.17966 of 2022 are as under:-

“6. The outweighing aspect of the case is that so far no departmental proceedings against the petitioner have been initiated, nor charge-sheet is given to the petitioner. The suspension all along as above, came to be continued and protracted without initiation of any departmental proceedings. The prolonged suspension of the petitioner in the aforesaid facts and circumstances evidently become arbitrary and in violation of Articles 14 and 16 of the Constitution.

7. As a result of the above, the petition is entitled to succeed. Suspension order dated 27.3.2016 and orders passed from time to time upto and including the last order dated 21.8.2023 extending the suspension against the petitioner and further extension thereof, are hereby set aside. The petitioner shall be taken back in service, with consequential benefits which shall be done immediately and in no case within 10 days from the date of receipt of copy of the present order.”

5. As against this, the affidavit placed on record, particularly para-4 which records as under:-

“4. It is submitted that this Hon’ble Court may be pleased to drop the contempt proceedings in light of the consequential benefits extended in view of order of Hon.High Court as mentioned above. It is further submitted that although promotion is not included in the consequential benefits as ordered by the Hon’ble Court, Mr. Detroja was recommended for Promotion in the departmental selection committee for promotion, but due to ongoing court case and departmental inquiry against him based on the police complaint, as per the Government of Gujarat, General Administration Department Resolution No.:Subject to the provisions of SLT-1080-8+5-G-2 dated 23/09/1981, and circular No.SLT-1088-3367 (Part-1)-g- 2 dated 01.01.2011, the Departmental Selection Committee kept its decision regarding promotion in a sealed cover.”

6. As the learned advocate for the applicant is unaware of the fact with regard to the issuance of charge-sheet for departmental proceedings, learned Assistant Government Pleader has made a statement at bar under the instructions of Mr.K.D.Vaghela, State Tax Officer, JC-1, Ahmedabad that the applicant is departmentally proceeded against and in this connection charge-sheet is already issued and served upon the applicant.

7. In view of the aforesaid statement, no case is made out for initiating contempt proceedings against the respondents. The applicant stands disposed of accordingly. Notice is discharged. Liberty is reserved in favour of the applicant if the statement so made at bar is inaccurate.