FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1591 OF 1994 Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 1 Mr. Vijay Autade, Advocate holding for Mr. V.D. Sapkal, Advocate for the petitioner Mrs. R.K. Ladda, AGP for the respondent Nos. 3 and 4 Mr. A.M. Karad, Advocate with Mr. S.N. Pagare, Advocate for R-1. CORAM : B.R. GAVAI & S.V. GANGAPURWALA,JJ. DATE : 16TH AUGUST, 2010 1] In response to the notices issued by this court, S/Shri Kamlakar Phand, Deputy Commissioner-I, M.D. Sonawane Executive Engineer, M.N. Sonar, the then Chief Auditor, M.Y. Kamble, then Deputy Commissioner (Admn.), I.T. Gaikwad, then City Engineer, B.N. Gutte, then Deputy Commissioner (Revenue) and C.S. Soni, the then City Engineer, are present in the court. The affidavits have also been filed on their behalf. The notices were required to be issued by this court since it was noticed that these persons were members of the committees who had recommended the proposal for issuance of promotional orders to the post Junior Engineer in violation of the order passed by this court dated 16th June, 1994 By the said order, this court had restrained the Corporation from issuing any orders of promotion to the post of Jr. Engineer without the leave of this court. However, various orders were issued between 1994 and 2003 when the order was modified by this court. We had also issued FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1591 OF 1994 Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 2 notice to these persons since it was specifically stated by the Corporation in its affidavit in reply that all these persons were aware about the fact regarding the orders passed in W.P. No. 1541/1994. When the Officers of the Corporation were aware about the orders passed by this court, they were duty bound to comply with the same. When the Corporation itself in its affidavit in reply had stated that all these persons were aware about the orders passed by this court, in W.P. No. 1541/1994 and in spite of that, had issued orders in violation of the orders passed by this court, we had no other alternative than to issue notices to these persons. 2] In the affidavits filed on behalf of these persons, they have stated that recommendations for the Selection were made inadvertently by ignoring the orders passed by this court in W.P. No. 1594/1994 dated 16/6/1994. It is pertinent to note that one of the officers, at one point of time was the legal advisor and at another point of time, he was Deputy Commissioner. At least, a legal advisor who is supposed to advise the corporation to act in accordance with law, is expected to be aware about the orders passed by this court. The said officers, it appears that, have acted in totally negligent and casual manner while dealing with the matter wherein prohibitory orders were issued by this court, At least, the Legal Advisor ought to have brought the orders FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1591 OF 1994 Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 3 passed by this court, to the notice of other members of the committee. . Though the officers appear to have acted in a negligent and casual manner, there does not appear any material to come to the conclusion that the acts of the officers were either deliberate or willful. Even in the petition, there are no specific allegations that this was done within a particular motive or purpose. 3] In that view of the matter, while holding that these officers have acted contrary to the orders passed by this court, we do not propose to proceed further in the matter and discharge the notices issued to them by accepting the unconditional apology tendered by them. The notices issued to these officers therefore stand discharged. The only purpose for which the petition was kept surviving no more exist. The same therefore stands disposed of. [S.V. GANGAPURWALA,J.] [B.R.GAVAI,J.] grt/- FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1591 OF 1994 Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's Orders COURT'S OR JUDGE'S ORDERS 4