1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR CONTEMPT PETITON NO. 203/2007 IN WRIT PETITION NO. 3530/2007 (Dilip Tukaramji Nagrale Vs. State and anr.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : Smt. Vasanti A. Naik, J. DATED : 17 th APRIL, 2008. Heard Shri Deshmukh for the petitioner, and Mrs. Dangre, the learned Additional Government Pleader, for the respondents. It is submitted on behalf of the petitioner that the Division Bench of this Court had, vide order dated 30/8/2007 in Writ Petition No. 3530/2007, directed as under: “Heard learned counsel for the parties. Rule. Mr. Haq states that immediately after dismissal of the complaint filed by the petitioner, the respondents have stopped providing work which was given to him prior to dismissal of the complaint. If that is so, respondents may provide him work as and when such work is available.” It is submitted on behalf of the petitioner that in spite of the order passed by the Division 2 Bench of this Court on 30/8/2007, the respondents discontinued the petitioner and appointed one Smt. Neeta Gadekar for a period of 29 days. The counsel for the petitioner submitted that one temporary employee cannot be replaced by another temporary employee and since the respondents have appointed Smt. Neeta Gadekar in spite of the orders passed by the Court on 30/8/2007, an action against the respondents may be taken under the provisions of the Contempt of Courts Act. It is submitted on behalf of the respondents that Smt. Gadekar was not appointed after the order dated 30/8/2007 of which the contempt is alleged. It is submitted on behalf of the respondents that Smt. Neeta Gadekar was appointed for a period of 29 days by an order dated 21/8/2007. It is clear that the order of Smt. Gadekar was issued prior to the passing of the order of which the contempt is alleged. It is submitted on behalf of the respondents that in view of the aforesaid position, the contempt proceedings may be dropped. Though no case for initiating action for contempt is made out by the petitioner, it is brought to the notice of this Court by the counsel for the petitioner that the respondents had offered the work of collection of blood smears, on his furnishing an 3 undertaking to the respondents. It is, however, revealed from the affidavit filed by the respondents that though the petitioner furnished the undertaking as required by the respondents, the petitioners failed to join the duties in spite of the fact that a couple of communications were issued to the petitioner. Shri Deshmukh, the learned counsel for the petitioner, submits that the petitioner is present in the Court and disputes the aforesaid fact of his failure to join on the duties as stated in the affidavit. It would not be proper for this Court to deal with this dispute as it is submitted that the petitioner is ready to join his duties on Monday 21st April, 2008. Mrs. Dangre, the learned Additional Government Pleader, has also sought instructions from the respondents and the respondents are ready and willing to permit the petitioner to join his duties on Monday i.e. 21st April, 2008. Therefore, the petitioner should report to the respondents on 21st April, 2008. It is further submitted on behalf of the respondents that the learned single Judge of this Court had, by an order dated 30/8/2007, directed the respondents to provide work to the petitioner only as and when such work was available. It is submitted on behalf of the respondents that the work is available as on today and the petitioner 4 would be continued till the work is available and would be provided the work in future as and when it is available especially till the writ petition is finally heard on merit. As recorded above, there is no cause whatsoever for initiating action against the respondents. The proceedings for contempt are, therefore, dropped. The contempt petition is disposed of with no order as to costs. JUDGE RMP