1 CP No.306/2011 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CONTEMPT PETITION NO.306 OF 2011 RAMABAI NARSINHA PODISHETTIWAR VERSUS THE STATE OF MAHRASHTRA AND ORS ... Advocate for Petitioner : Mr.Godhamgaonkar A.G. Mr.KJ Ghute-Patil, AGP for Respondent -1: Mr.VS Panpatte, Advocate for Respondent-2 : Mr.MK Deshpande,Advocate for Respondents- 3&4 ***** CORAM : K.U.CHANDIWAL, J. DATE : 13th DECEMBER, 2011. PER COURT : 1) Heard extensively. 2) The petitioner was Headmaster in Kasturba Gandhi Primary School(Girls), Vasarani, Nanded. Respondent No.4 is mother of Respondent No.3. Respondent No.4 is Secretary. It is alleged, unauthorizedly, Respondent No.4 appointed her son. Respondent No.3, as Headmaster, even though the petitioner was duly qualified, being appointed as Headmistress in Primary school, which post she has enjoyed from 10.6.1991 on permanent basis. 3) Owing to so-called illegal activities of Respondent Nos. 3 and 4 in particular, Regular Civil Suit No. 153/1999 was filed against Respondent no.3 - Sunil Dahale and Nanded Zilla Parishad. The said suit was decreed on 16.9.2004. Operative part of the 2 CP No.306/2011 order reads as under: "(i) The suit is partly decreed with proportionate costs; (ii) it is hereby declared that the letter bearing No.2254/1998 dated 17.2.1999 issued by the Defendant No.2, appointing Defendant No.1 as temporary Head Master of Kasturba Gandhi Girls Primary School, Vasarni, is null and void. (iii)Relief of perpetual injunction restraining Defendant No.1 from joining as Head Master in pursuance of above letter is rejected. (iv) Decree be drawn accordingly." 4) The petitioner, having realized that the orders in the said judgment and decree are not complied with in its letter and spirit, preferred Regular Darkhast No.23/2011 before the Executing Court. Learned Executing Court, by order below Exhibit-14, rejected the claims and contentions of the decree-holder (petitioner) for pay and remuneration in the Darkhast by observing that the Executing Court cannot go beyond the decree or the order. The Executing Court also informs, as per the order, defendant no.1 is only directed to continue her in service and there is no whisper about the amount of pay & remuneration to be given and the decree-holder has also not specifically claimed certain amount due from JD No.1 (Respondent No.3) and dismissed the application (Exhibit-14) on 30th June, 2011. 3 CP No.306/2011 5) Learned Counsel for the petitioner accepts, this order is not tested in appropriate appellate forum. 6) The present petition is moved on 25th July, 2011, naturally, after rejection of Exhibit-14 in above referred Regular Darkhast on 30th June, 2011. 7) The petitioner, as plaintiff, was consciously aware of the decree dated 16.9.2004 and its nature. Assertion, that it is continuous breach and, therefore, this court can invoke jurisdiction under the Contempt of Courts Act, 1971 (hereinafter to be referred as the said Act) by-passing Section 20 of the said Act, is primarily erroneous. The plaintiff knew of executability of the decree, as on 16.9.2004, he was satisfied by filing Execution Petition, referred above, did not venture to knock under the provisions of the said Act. Belated exercise of such powers, taking recourse to provisions of Section 2(b) of the said Act., which deals with civil contempt, is not permissible to exercise the powers under the said Act. The position of law is distinctly made clear by the Hon'ble Apex Court in the matter of Pallav Sheth Vs. Custodian and ors. - AIR 2001 SC 2763(1). In the said judgment, the Hon'ble Lordships have even referred to effect of Section 17 of the Limitation Act to the cases concerning playing fraud on a party like the petitioner. 8) The petition for contempt fails on - a) 4 CP No.306/2011 point of limitation; b) the alleged contempt is not indicated or established; and c) the plaintiff has already resorted his remedies in and by way of execution in Regular Darkhast No.23/2011. 9) In the result, contempt petition dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/