FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 159 OF 2009 _________________________________________________________________________ Office Notes, Office Memoranda | of Coram, appearances, Court's | Court's or Judge's orders orders or directions and | Registrar's orders | ________________________________|________________________________________ 1. Perused. 2. Heard Shri M.D.Shinde, learned counsel for the petitioner. 3. Apparently it is the grievance of the petitioner that the respondents have committed breach of the order passed by this court in Writ Petition No. 5915 of 2007 on 3.4.2008. The relevant part of the said order is reproduced hereunder : “ We, therefore, dispose of writ petition by directing respondent Corporation to take into consideration,communication dated 21.12.2006 from Civil Surgeon, Beed, together with a certificate issued by the said authority, the Corporation may subject the petitioner to further medical examination by Medical (2) Board if necessary and thereafter consider his case on merits for absorption on any other post in case he has acquired disability to work as a conductor. Such an exercise should be completed in any case, within a period of six months from today. Writ Petition is allowed as above and disposed of. “ 4. The said order was passed by this court on 3.4.2008. Thereafter the medical certificate dated 14.5.2008 was obtained from the Civil Surgeon, Beed , which is produced at Exh. ‘C’, wherein he advised the petitioner light duty. Moreover, the Medical Board also issued certificate on 13.1.2009 and advised light duty to the petitioner and the said certificate is also produced at Exh. ‘C-1’ on page 23 of the compilation. 5. Thereafter the respondents sent letter (3) to the petitioner on 27/30.1.2009 and thereby informed that as stated in the aforesaid medical certificates there is no provision in the Rules of the respondents to give light duty to the petitioner and the said letter is produced at Exh.’D’. Moreover, the respondents also sent letter dated 16/17.7.2008 and communicated to the petitioner the compliance of the directions issued by this court in Writ Petition No. 5915 of 2007 dated 3.4.2008 and also made grievance that the petitioner is reported on leave on account of sickness frequently and further informed that there is no provision to give light duty to the petitioner as per Rules of the respondents, even after considering the (4) aforesaid medical certificate. 6. In view of the afore said position, considering the text of the order and also considering the directions issued in the order, it is apparent that the respondent has considered the communication of the petitioner on merits within prescribed period, and hence, it is apparent that the respondents have complied with the directions issued by this Court in Writ Petition No. 5915 of 2007 dated 3.4.2008 within the prescribed period and, therefore, there is no question of alleged contempt of this court and hence present Contempt Petition stands (5) dismissed summarily at the admission stage itself. (S.P. DAVARE, J.) Date : 18/6/2009 dbm/cp159.09