cp459.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ CONT. PETITION NO.:459 OF 2010 In WP/7232/2008 SHAIKH MAHEBOOB SHAIKH BABUMIYA VERSUS SATISH GAVAI PRINCIPAL SECRETARY DEPTT OF SOCIAL WELFARE MANTRLAYA MUMBAI AND ANR ... Advocate for Petitioner(s) : Mr. Anil Kasliwal, Adv. h/f Adv. Mrs. Jain Netrali A. Advocate for R.No.2:Dr.Kalpalata Patil Bharaswadkar. ... CORAM : S.S. SHINDE, J. Dated: July 15, 2011 ... This Contempt Petition alleges disobedience of the order passed by the Division Bench of this Court in Writ Petition No.7232/2008 on 27th April 2010. The Division Bench directed the respondent No. 2, as under: "3) In case such representation is filed in respect of the issues raised in cp459.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ this petition, we direct the Chief Executive Officer, Zilla Parishad, Nanded, to pass appropriate orders on the said representation within 8 weeks from the date of receipt and communicate the decision to the petitioner." 2 In pursuant to the notice, affidavit-in- reply has been filed on behalf of respondent No.2 . Para 7 of the said affidavit reads thus: "7) That, by letter No.5526 dated 31.12.2010 of the deponent office the petitioner was asked to remain present on 17.01.2011 for hearing of his grievances. On 17.01.2011, the deponent heard the petitioner, considered the representation submitted by him and passed order on 28.01.2011 that as per the cp459.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ Advertisement, the last date for the application was 13.10.2006 but he submitted application on 9.04.2007 i.e. much after the stipulated period. Even he did not apply in response to subsequent advertisement and he cannot be given appointment by passing the recruitment Rules and the Petitioner will have to apply and undergo the selection process i.e. he will have to face the selection committee, he will have to compete with the other similarly qualified candidates, if any. The Petitioner is asked to apply after initiation of selection process, within stipulated period and comply with its conditions and face the selection committee." 3 Upon reading para 7 of the affidavit, it is clear that the representation of the petitioner has been decided. It is the cp459.10 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ contention of the Counsel for the petitioner that contents of para 7 are not correct and he wishes to take instructions from his client. 4 In my opinion, the affidavit filed by the Officer has been filed on oath and there is no question of granting further time to the petitioner. The fact remains that the representation of the petitioner has been considered and such statement has been made in para 7 of the reply. In para 3, the respondent No.2 has tendered unconditional apology. The Supreme Court in case of Suresh Chandra Poddar vs. Dhani Ram and others [(2002) 1 SCC 766] has taken a view that even where the order of court is cp459.10 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders. | _____________________________________________________________ complied with, subsequent to receipt of notice of contempt, court should show judicial grace and magnanimity in dealing with action for contempt. 5 In that view of the matter, in my opinion, the contempt proceedings cannot be stretched further. Contempt petition stands disposed of. Notice stands discharged. (S.S. SHINDE, J.) PLK/*