1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO. 303 OF 2010 IN WRIT PETITION NO. 3968 OF 2009 Khemchand Ramkrishna Mahajan ...Petitioner Versus The State of Maharashtra and others ...Respondents ..... Mrs. Surekha Mahajan, advocate for the petitioner Mrs. V. A. Shinde, A.G.P. for respondents ..... CORAM: S. S. SHINDE, J. DATED: 14TH OCTOBER, 2010 PER COURT:- 1 Learned A.G.P. Mrs. Shinde, at the outset, on instructions from her client, makes a statement that an amount of Rs.10,000/-, as directed by this Court, has been deposited in the Registry of this Court. 2 It is not necessary to repeat the reasons for which the Education Officer (Secondary), Zilla Parishad, Jalgaon was directed to deposit the costs amount of Rs.10,000/- in the Registry of this court. It seems that the Education Officer, had not forwarded the proposal of the 2 petitioner till 14.12.2009. On 29.6.2009, the learned Division Bench in writ petition No. 3968 of 2009, pursuant to the undertaking given by learned A.G.P. on behalf of the respondents, had directed the respondents that the pending proposal of the petitioner from 17.4.2004 will be decided in accordance with the provisions of law within a period of six weeks from that day. In the light of the undertaking given before the learned Division Bench, the Education Officer (Secondary), Zilla Parishad, Jalgaon was duty bound to forward the proposal to the Director of Education, immediately within a couple of days from 29.6.2009. However, admittedly the proposal was not sent to the said authority till 14.12.2009. 3 Learned A.G.P. on instructions from Education Officer (Secondary) informs this Court that he is same Education Officer who was also working at the relevant time on the said post. Therefore, it is an admitted position that the Education Officer (Secondary) Zilla Parishad, took about six months time to forward the proposal to the Director of Education, Pune. Therefore the costs amount was directed to be deposited. The same is deposited in this Hon’ble court, as stated above. The petitioner is at liberty to withdraw the said amount of Rs.10,000/- deposited in the Registry, without any condition. 4 The concerned Education Officer (Secondary) Zilla Parishad, Jalgaon should not draw the said amount from the Government 3 treasury and if the amount is paid from the Government Treasury he shall deposit the same in the government treasury from his own pocket. In short, it was the responsibility of the Education Officer to forward the proposal forthwith to the Director of Education and he failed to discharge his duties. Therefore, the costs amount which is directed to be deposited to be paid by the Education Officer from his own packet and not to be reimbursed from the government treasury. 5 For all these reasons, the contempt petition stands disposed of. Notice discharged. However, within two weeks from today learned A.G.P. Mrs. Shinde, will inform this Court about the payment of costs either paid from the Government treasury or by the Education Officer himself short affidavit of the Education Officer will be placed on record on or before 27.10.2010. ( S. S. SHINDE. J.) rlj/