1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO.3108 OF 2009 IN CONTEMPT PETITION NO.250 OF 2008 IN WRIT PETITION NO.804 OF 2007 Shri Narsing Kishanrao Gaikwad ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri S.P. Golegaonkar, Advocate for the applicant Shri M.L. Dharashive, A.G.P. for Respondent No.1. Shri V.P. Kadam, Advocate for respondent No.2 (absent) ..... CORAM : S.P. DAVARE, J. DATED : 23rd June, 2009. ORAL ORDER : 1. Perused. 2. The applicant / respondent No.2 has preferred the present Civil Application requesting to exempt / dispense with his personal appearance during 2 hearing of the Contempt Petition No.250/2008 before this Court. 3. The applicant submits that, Contempt Petition No.250/2008 has been filed by the petitioner in Writ Petition No.804/2007 and respondent No.2 is party to the said Contempt Petition, Accordingly, the respondent No.2 appeared before the Court as per the notice of this Court and filed the affidavit-in-reply therein. 4. However, the applicant/ respondent No.2 submits that he has been repatriated to his home department by Collector’s order No.2008/ Makasha-1/Estt-1/File No.28, dated 16.12.2008 and joined the duty as Supply Inspector at Tahsil Office, Bhokar on 19.12.2008. Accordingly, it is the contention of the applicant that he has handed over the charge of Chief Officer, Municipal Council, Kundalwadi, Taluka Biloli, District Nanded on 30.12.2008 and he has been relieved from the duty. Hence, the applicant prays that his appearance be dispensed with in the present Contempt Petition. 5. Heard learned counsel for the parties. 6. After considering the rival submissions, since the applicant/ respondent No.2 has been repatriated to his home department by the above referred Collector’s order and since he has been relieved from the duty of Chief Officer, Municipal Council, Kundalwadi, Taluka Biloli, District Nanded and since 3 he has joined the duty as Supply Inspector at Tahsil Office, Bhokar on 19.12.2008, his appearance is required to be exempted/ dispensed with during the hearing of the present Contempt Petition in the interest of justice. However, it is required to be made clear that whenever and if his appearance would be required, he shall be required to remain present before this Court. 7. Accordingly, present Civil Application is allowed in terms of prayer clause (B) thereof and the presence of applicant (respondent No.2) stands exempted/ dispensed with during the hearing of Contempt Petition No.250/2008 before this Court. However, it is made clear that if the appearance of the applicant (respondent No.2) is required before this Court during the hearing and at the time of final disposal of the present Contempt Petition, he shall be required to remain present before this Court. Civil Application stands disposed of accordingly. 8. Contempt Petition No.250/2008 be placed before the Court after four weeks. (S.P. DAVARE, J.) fmp/ca3108.09