* 1 * C.P.100.2010 in W.P. 7981.2009 28.10.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 100 OF 2010 IN WRIT PETITION NO. 7981 OF 2009 Hawwabi w/o. Gulaam Nabi Shaikh ..... Petitioner V/S. M.D. Patil Education Officer, Thane Municipal Corporation .........Respondent * * * * * * Mr. Y.J. Master, Advocate for the petitioner. Mr. Mandar Limaye, Advocate for the respondent. Coram : Smt. R.P. SondurBaldota, J. 28 October, 2010. P.C. : 1. This contempt petition alleges willful defiance by the respondent of the order dated 10.12.2009 passed by the Division Bench of this Court in Writ Petition No. 7981 of 2009. The directions contained in that order to the respondent read as follows. 1. “ The petitioner within 15 days from today, to make a * 2 * C.P.100.2010 in W.P. 7981.2009 28.10.2010 detailed representation to the respondent no.1 about her grievances. On such representation being received, the respondent no.1 to hear the petitioner, the concerned teacher Mr. Aslam Anwar Kunle as also the Management and take a decision thereon within 8 weeks from the receipt of representation.” Pursuant to the order, the petitioner sent detailed representation dated 22.12.2009 to respondent no.1. Thereafter, respondent no.1 was expected to give hearing to the petitioner, the concerned teacher Mr. Aslam Anwar Kunle, as also, the Management before taking the decision on the representation. The affidavit-in-reply filed by respondent no.1 shows that he took the decision on the representation on 21.02.2010 and communicated the same to the petitioner on 27.02.2010. However, before taking the decision he did not give hearing to the parties as directed by the Court. In the affidavit, respondent no.1 has tendered unconditional apology in not fully complying with the order. * 3 * C.P.100.2010 in W.P. 7981.2009 28.10.2010 2. Learned counsel for respondent no.1, states that, respondent no.1 will withdraw the order passed by him, will give a hearing to all the parties as directed by the order dated 10.12.2009 and pass a fresh order on the representation within a period of 4 weeks from today. The learned counsel for the petitioner, fairly accepts the proposal, but submits that, the petitioner be awarded costs of this petition as she has been put to unnecessary expenses because of the conduct of the respondent. Taking an overall view of the matter, the contempt petition is disposed off with the following order. The apology tendered by the respondent is accepted. Respondent no.1 is directed to pay costs quantified at Rs.10,000/- (Rs.Ten Thousand only) to the petitioner within a period of one week from today. Respondent no.1 shall give hearing to the parties as per the order dated 10.12.2009 and pass fresh order on the representation of the petitioner within a period of 4 weeks from today. JUDGE * 4 * C.P.100.2010 in W.P. 7981.2009 28.10.2010 [Smt. R.P. SondurBaldota, J]