SCA/16500/2005 1/4 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CIVIL APPLICATION No. 16500 of 2005

========================================================NILKANTH TULSIDAS BHATIA - Petitioner(s)

VersusUNION OF INDIA & 7 - Respondent(s)

========================================================Appearance :MR YF MEHTA for Petitioner(s) : 1,NOTICE SERVED BY DS for Respondent(s) : 1 - 4,6 - 8.MS MEGHA JANI for Respondent(s) : 1,MR JITENDRA MALKAN for Respondent(s) : 1,GOVERNMENT PLEADER for Respondent(s) : 4, 8,DS AFF.NOT FILED (N) for Respondent(s) : 5,MR PRANIT K NANAVATI for Respondent(s) : 7,=====================================================

CORAM :  HONOURABLE MR.JUSTICE M.R. SHAH

Date : 06/03/2006

ORAL ORDER

1. The papers of the present Special Civil

Application are called from the Registry today

pursuant to the note filed by the learned advocate

appearing on behalf of the petitioner. Shri Nanavati,

learned senior counsel appearing on behalf respondent

No.1 – Railway Authority has submitted that there are

certain averments in the note which are required to

be controverted. It is required to be noted that this

court is at present not considering averments in the

SCA/16500/2005 2/4 ORDER

application and considering the subsequent

development which has taken place on and after 4th

March, 2006 and even the learned senior counsel

appearing on behalf of the respondent No.1 has also

conceded that Justice U.C. Banerjee Committee has

submitted its report to the Government and

considering the fact that the date for pronouncement

is 7th March, 2006, no further damage is caused and

therefore the present petition is taken up for some

interim order till the order is pronounced tomorrow.

2. It is very sorry state of affairs that when the

order passed by the learned Single Judge of this

court on 21-10-2005 by which the learned Single Judge

has observed that if the proceedings are further

taken up by the committee and the report is

submitted, the same should not be implemented without

the prior permission of this court, is in-existence

and is continued with the consent of parties till the

date and considering the fact that the matter came to

be admitted on 21th February, 2006 and the parties

were heard at length qua interim relief on that date

and the date for pronouncement of the interim order

SCA/16500/2005 3/4 ORDER

is fixed on 7th March, 2006 and even without waiting

till 7th March, 2006, it is reported that the

committee has submitted its report. Not only

submitted its report but even the findings are made

known to the public. The committee could have waited

till 7th March, 2006 and/or sought the permission of

this Court before submitting the report. However,

this court is not interested in knowing the reasons

which compelled the committee to all of sudden submit

the report on 4th March, 2006 and that too without

intimating this Court when the matter is kept for

pronouncement of order on 7th March, 2006 and more

particularly when the committee itself is a party to

the present proceedings. Whatever, the damage is

required to be caused to the affected parties as well

as to this institution, it is also caused. However,

to see that further damage is not caused and till

this court finally pronounces the order on interim

order on 7th March, 2006, at least, some ad-interim

relief is required to be passed. Under the

circumstances, till 8th March, 2006, by way of ad-

interim relief it is directed to all concerned and

the respondents that the report submitted by the

SCA/16500/2005 4/4 ORDER

Justice U.C. Banerjee Committee shall not be further

acted upon in any manner whatsoever by anybody till

8th March, 2006. Shri Nanavati, learned senior

advocate appearing on behalf of respondent No.1 is

requested to communicate this order to the concerned

authority immediately.

Direct Service is permitted today. It will be

open to the petitioner to serve the present order to

the concerned respondents by Fax also at their costs.

(M.R.SHAH,J.)

Shekhar/-