Contempt plea against SMC rejected by HC

AHMEDABAD, July 13: A division bench of Justice Rajesh Balia and Justice A.R. Dave of Gujarat High Court has rejected the contempt petiti...

AHMEDABAD, July 13: A division bench of Justice Rajesh Balia and Justice A.R. Dave of Gujarat High Court has rejected the contempt petition filed against the Surat Municipal Commission (SMC).

Dr R.P. Sinha, in-charge deputy municipal commissioner (DyMC), Health and Hospitals, SMC, had filed a petition in the high court stating that since there was only one post of DyMC (H&H), it could not be kept under reserved category. He expressed the fear that one Dr I.C. Patel might be appointed to the post.

Sinha pleaded that till the petition is decided, he may not be removed from the post and also that Sinha may not be appointed to the post.

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The court, on August 22, 1998, ordered status quo to be maintained in the matter till further orders. Meanwhile, on August 21, 1998, the SMC removed Sinha from the post and appointed Patel as the DyMC, (H&H). Patel also took the charge of the new post before August 22, 1998. Sinha’s relatives also refused to accept the order from the SMC authorities.

Sinha filed a contempt petition saying that the court’s order had not been respected. He also alleged that Patel had assumed the charge in a wrong manner.

Senior advocate Prashant Desai, appearing on behalf of SMC, stated before the court that there was no question of status quo to be maintained by the SMC as the charge of DyMC, H&H, had already been given to Patel, a day before the court order.

Following this, the court rejected the contempt petition.