Full Judgment
D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.1 9 D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.DATE OF ORDER
: 2nd May 2014 HON’BLE Mr.JUSTICE DINESH MAHESHWARI HON’BLE Mr.JUSTICE BANWARI LAL SHARMA Mr.R.S.Mankad for the petitioneRs.Mr.Mukul Singhvi ].Ms.Pratistha Dave ]., for the respondents.
Mr.Padam Singh, Commissioner Municipal Council, Chittorgarh.
Mr.Ramesh Balai, Executive Engineer, Municipal Council, Chittorgarh.
<><><> PART - A Upon taking up of this matter today and the Court requiring progress report with reference to the order dated 28.04.2014, the learned counsel Mr.Mukul Singhvi, who had appeared for Municipal Council, Chittorgarh in this matter on the earlier occasions, expressed his helplessness to assist the Court on the progress with the submissions that despite his attempting several times, the Commissioner, Municipal Council was neither taking his calls nor has extended any further instructions; and in the fiRs.place, the Commissioner Municipal Council, Chittorgarh rather retorted that it was because of him i.e., the counsel, that the officers of the Municipal Council had to suffer the insult before the Court.
The learned counsel Mr.Mukul Singhvi further submitted that he has not been given any further instructions in the matter and all his attempts to establish communication failed for the Commissioner, Municipal Council as also the officers dealing with the law wing of the Municipal D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.2 Council, Chittorgarh not taking his calls at all.
The submissions and revelation as made by the learned counsel Mr.Mukul Singhvi had been rather shocking on two major counts: One that the learned counsel was not instructed further to submit the progress report in the matter; and second, the utterances as said to have been made by the Commissioner, Municipal Council to the learned counsel Mr.Mukul Singhvi had been of seriously insulting and offending the learned counsel who is none less an officer of the Court and who has done his best to defend the officers before the Court on earlier occasions, though the officers had been at fault and had been found wanting in attending on their duties.
Both the Commissioner, Municipal Council, Chittorgarh and Executive Engineer, Municipal Council, Chittorgarh being present in the Court and the Court having serious reservations on their conduct particularly qua the counsel as also qua the Court, we requested the learned Additional Advocate General Dr.
P.S.Bhati to assist the Court in the matter and try to counsel the Commissioner concerned, who was prima facie appearing to be guilty of contumacious conduct.
The learned AAG Dr.
P.S.Bhati, in the fiRs.place, informed the Court that in fact, the officers of the Municipal Council had contacted him yesterday in the evening and got a so-called progress report prepared and suggested before him that they wish that the matter be pleaded by him further.
When he i.e., the AAG asked the officers about the counsel earlier appearing, he was informed that the said counsel i.e., Mr.Mukul Singhvi shall be having no objection in the matter.
The learned AAG Dr.
P.S.Bhati further submitted that when D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.3 he found the position clear that Mr.Mukul Singhvi had not been taken into confidence at all and his No Objection has not been obtained and rather the approach of the officers with the counsel Mr.Mukul Singhvi had been of serious shortcomings, he finds himself not in a position to appear in the matter on their behalf.
Looking to the seriousness of the matter, particularly when a counsel appearing in the Court has not been shown proper respect and unnecessary grievances were sought to be made against him and rather, the utterances had been of direct insult to him, we still requested learned AAG Dr.
P.S.Bhati to counsel the Commissioner concerned, if he would see the reasons because during the couRs.of proceedings abovereferred, when we expressed our reservations and queried the Commissioner present in the Court, he, in the fiRs.place flatly denied having made any such utterances to the counsel Mr.Mukul Singhvi.
At the request of the Court, the learned AAG Dr.
P.S.Bhati tried to talk to the Commissioner and Mr.Mukul Singhvi but reverted back with the submissions that the Commissioner was not coming out forthright in the matter and with the case being of direct insult of the counsel, he does not find himself in a position to say anything in the matter, so far the conduct qua the Court and qua the counsel is concerned.
During the couRs.of submissions, the learned counsel Mr.R.S.Mankad appearing for the petitioner has shown to the Court several pics of the river bed in question, as said to have been taken yesterday which are again prima facie indicative of the fact that at several places sewerage/drain water is falling in the river.
In an overall comprehension of the matter, we find the conduct D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.4 of the Commissioner, Municipal Council, Chittorgarh suffering from serious shortcomings and prima facie, he appears to be guilty of contempt where in the fiRs.place, his behaviour with the counsel appearing for the Municipal Council had been highly improper and contumacious.
Secondly, as regards the task of cleaning of bed of river Gambhiri as also blocking of seepage of sewerage/drain water, it does not appear that all the necessary tasks have been executed so as to bring the things at optimum level, as was expected in the order dated 28.04.2014.
We requested the other learned AAG Mr.Rajesh Panwar to assist the Court in the matter and he submits that some time may be given to the Commissioner, Municipal Council as he would be willing to submit apologyy and would also get the tasks executed.
We have expressed our reservations, when the behaviour of the Commissioner with Mr.Mukul Singhvi had been seriously questionable where he, the counsel, was sought to be blamed for the so-called insult, said to be have been allegedly received by the Commissioner but such a statement was sought to be disowned by the Commissioner in the fiRs.place.
On being asked again and again and even learned AAG Mr.Rajesh Panwar having tried, the Commissioner did not come out forthright and ultimately, in some vague and uncertain expressions, the commissioner present in the Court purportedly attempted to own some part of the utterances as said to have been made by him.
We had extended enough and sufficient time to the Commissioner if he would come out forthright but find it a very sorry state of affairs that the person holding charge of the affairs of a Municipal Council is found not willing to come out forthright; and D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.5 trying to avoid the specific utterances which was being addressed and prima facie, being guilty of not behaving proper with the counsel and also not getting executed the tasks required.
However, even after taken note of sorry state of affairs and several shortcomings in the conduct of the Commissioner, we are still of the view that further proceedings be taken up in due couRs.of law.
Therefore, while taking suo moto cognizance of contempt, we order issuance of notice to Mr.Padam Singh Naruka S/o Shri Sawai Singh, presently working as Commissioner Municipal Council, Chittorgarh to show cause as to why he be not punished for having committed contempt.
Separate contempt proceedings be registered with reference to this order by the Registry.
The notice on this contempt matter stands served on Shri Padam Singh who is present in the Court.
He prays for two week’s time for filing reply.
Time prayed for is allowed.
The contempt matter to be registered on this order shall be placed for consideration on 19.05.2014.
It shall be required of the contemnor to remain personally present on each and every date of hearing.
It is also made clear that his attendance of in the contempt proceedings shall not be a burden on public exchequer and he will not be entitled for any allowance for attending the dates.
It shall be required of the contemnor to execute a personal bond in the sum of Rs.50,000/- with one surety in like amount to the satisfaction of the Deputy Registrar of this Court today itself for his appearance on 19.05.2014 and on future dates, as and when required.
If he fails to D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.6 execute the persons bond and surety bond, he shall be taken in custody to be presented on the next date.
However, he need not be detained upon execution of the requisite personal bond and surety bond.
D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.7 PART-B So far the issue involved in this matter is concerned, it is noticed that on 26.08.2011, while issuing notices in this matter, a Co-ordinate Bench directed as follows: “The respondents to ensure that the sewer water is not directly poured in River Gambhiri, District Chittorgarh.”
.
The state of affairs that has been given out before the Court is that sewerage/drain water is being regularly poured into the bed of river Gambhiri at several places and entire riverbed is in a bad shape.
On 25.04.2014, when this matter was taken up, at the request of learned counsel Mr.Mukul Singhvi, the consideration of the matter was deferred until 28.04.2014.
On 28.04.2014, the following order was passed.
“The learned counsel Mr.Mukul Singhvi submits on instructions from Mr.Padam Singh, Commissioner, Municipal Council, Chittorgarh and Mr.Ramesh Balai, Executive Engineer, Municipal Council, Chittorgarh that the Municipal Council, Chittorgarh has taken up the task of cleaning the bed of river Gambhiri as also blocking of seepage of sewerage/drain water; and that the work is going on full swing.
Certain photographs have been placed before us for perusal wherefrom at the fiRs.impression, the submissions of the petitioner are rather fortified that the river bed and its surrounding are in a pathetic state of affairs and require serious attention.
However, looking to the submission made by the learned counsel on instructions from the officeRs.we extend further time to the respondents to execute the necessary task.
Put up on 02.05.2014, as prayed.”
.
From what has been noticed in part A of this order, it appears that the respondents have chosen not to instruct Mr.Mukul Singhvi and without taking his consent, attempted to over-reach and instructed the learned AAG Dr.
P.S.Bhati to appear in the matter, who find himself in a rather embarrassing position.
Be that as it may, we propose to deal with the shortcomings on D.B.Civil Writ Petition (PIL) No.7762/2011 Narayan Singh & Anr.
vs State (PIL) & ORS.8 the part of the Commissioner, Municipal Council, as already been noticed, in the contempt matter.
So far the issues involved in this PIL are concerned, it is definitely required of all the concerned to file specific report in this matter and to execute all the tasks requisite and to ensure blocking of seepage of sewerage/drain water in the bed of river Gambhiri and making it free from all the shortcomings.
In the interest of justice, we grant yet another opportunity to all the concerned to attend on all the necessary tasks and to report compliance before the next date of hearing.
Apart from the above, where Municipal Council is found not attending on its duties, we would expect the Secretary to the Government in its Local Self Department to examine the matter and to ensure that all the necessary tasks as requisite in this matter are executed.
Apart from the officers of the Municipal Council, a specific compliance report shall be expected from the Secretary, Local Self Department before the next date of hearing.
Put up on 19.05.2014.
(BANWARI LAL SHARMA),J.
(DINESH MAHESHWARI),J.
sudhir