Facts of the Case

The applicant, Naliniben Ragjibhai Rathod (W/o Anshuman Premshankarbhai), filed a Miscellaneous Civil Application alleging non-compliance with an oral order dated 22.06.2021 passed by a learned Single Judge in the captioned writ petition (R/Special Civil Application No. 15073 of 2018). The application sought contempt proceedings against the respondents, representing the Health and Family Welfare Department, for failing to execute the court's directions within the stipulated time frame.

Issues Involved

·         Whether the respondents willfully disobeyed the directions issued by the learned Single Judge in the order dated 22.06.2021.

·         Whether contempt proceedings should be pursued further given the state's undertaking to comply with the court’s order by a specific future date.

Petitioner’s Arguments

The petitioner, represented by Mr. N.K. Majmudar, argued that the directions passed by the learned Single Judge on 22.06.2021 had not been implemented by the respondent authorities despite the lapse of a significant amount of time, thereby necessitating the intervention of the division bench under contempt jurisdiction.

Respondent’s Arguments

The respondent, represented by Learned Assistant Government Pleader (AGP) Mr. Sanjay Udhwani, appearing under instructions from Ms. Chetnaben Jani (Director, Ayush Health and Family Welfare Department), stated before the court that the order dated 22.06.2021 would be fully complied with on or before 13.01.2023.

Court Order & Findings

The High Court of Gujarat took note of the explicit assurance and undertaking given by the learned AGP on behalf of the Department.

·         Disposal of Application: In view of the concrete statement and deadline provided for compliance (13.01.2023), the Court observed that nothing further survived in the contempt application.

·         Discharge of Notice: The application was formally disposed of, and the notice issued to the respondents was discharged.

·         Liberty to Revive: The Court granted explicit liberty to the applicant to revive this contempt application in case any difficulties arise or if the order is not complied with by the committed deadline.

Important Clarification

In civil contempt matters, an explicit, time-bound undertaking given by a responsible government official (such as a Director of a Department) to comply with a prior judicial mandate is generally accepted by the court as sufficient ground to close contempt proceedings, provided that liberty is reserved for the petitioner to reopen the case upon failure of compliance.

·         Act/Section Involved: Contempt of Courts Act, 1971 (Civil Contempt for non-compliance of a High Court order)

 


Link to download the order

https://www.mytaxexpert.co.in/uploads/1782972188_99compressed.pdf 


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