9911796707
TMI Blog1995 (11) TMI 475X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 Adil 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the respondent before the High Court which was recorded on 28.2.1990 and S.C.A. No. 1497 of 1988 was permitted to be withdrawn by C.K. Thakkar, J. before whom i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .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 dated 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 charge-sheet 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 on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to recuse himself from hearing this contempt matter on account of the stand taken by the respondent for whom he had appeared as counsel in Special Civil Application No. 1497 of 1988. It appears that the constitution of the Division Bench had undergone a change in the meantime and the regular Division Bench comprised of R.A. Mehta and M.S. Parikh, JJ. but the matter was treated as part-heard by the earlier Division Bench of R.A. Mehta and B.J. Shethna, JJ. in spite of the objection taken on behalf of the Municipal Corporation to the hearing of the contempt petition by B.J. Shethna, J., as earlier indicated. The appellants then opposed admission of the contempt petition by filing affidavits on 13.1.1994 contending inter alia that B.J. She ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order for staying suspension order (interlocutory). Thereafter he did not appear since he had been elevated as Judge." "9. The Respondent being harassed by the Corporation left with no remedy except to initiate contempt proceedings against the Petitioners since they have not complied with the undertaking as mentioned in the terms of compromise vide dated 28-2-1990, on 21-12-1993 in the High Court which was registered as Misc. Civil Application 1841/1993. 10. The said Civil Misc. Application came before Hon'ble Mr. Justice R.A. Mehta and Hon'ble Mr. Justice B. J. Shethna and notice was issued returnable on 29.12.1993. When it came for hearing before the said judges. Objection was raised that it be not heard by the sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, that objection was over-ruled by us." These letters also indicate his disappointment that contempt proceedings were not initiated against the appellants for raising such an objection. The expression of this opinion by him is even more unfortunate. We are indeed sad that in these circumstances, B.J. Shethna, J. should have persisted in hearing the contempt petition, in spite of the specific objection which cannot be called unreasonable on the undisputed facts, and in making the impugned order accepting prima facie the respondent's above noted contention. Ordinarily, at least at that stage it should have been appreciated that the more appropriate course for him to adopt was to recuse himself from the Bench hearing this conte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ations to ensure the continuance of public confidence in the credibility and impartiality of the judiciary. This is necessary not only for doing justice but also for ensuring that justice is seen to be done. In the facts and circumstances of this case, we are afraid that this facet of the rule of law has been eroded. We are satisfied that B.J. Shethna, J., in the facts and circumstances of this case, should have recused himself from hearing this contempt petition, particularly when specific objection to this effect was taken by the appellants in view of the respondent's case in the contempt petition wherein the impugned order came to be made in his favour. In our opinion, the impugned order is vitiated for this reason alone. Consequ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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