1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 297 OF 2007 CONTEMPT PETITION NO. 297 OF 2007 CONTEMPT PETITION NO. 297 OF 2007 WITH CIVIL APPLICATION NO. 140 OF 2007 IN CRIMINAL CONTEMPT PETITION NO. 15 OF 2002 IN CRIMINAL APPLICATION (A.B.A.) NO.2821 OF 2002 Shri Mohammed Rashid S/o. Mohammed Sayid Shaikh ... Petitioner (Org. Petitioner) Versus Shri Ashok Basak, Additional Chief Secretary, Govt. of Maharashtra, Home Dept. Mumbai 400 032. ... Respondent Mr. R.R.Salvi, Advocate, i/b. Mr. B.A.Bhakad, Advocate, for the petitioner. Mr. S.R.Nargolkar, AGP, for the respondent. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. CORAM: J.H.BHATIA,J. 2 DATE: 11th April, 2008. DATE: 11th April, 2008. DATE: 11th April, 2008. P.C. P.C. P.C. 1. In Anticipatory Bail Application No.2821 of 2002, by an order dated 21.11.2002, this Court had directed the Additional Chief Secretary to the Government of Maharashtra, who is in charge of the Home Department, to initiate an inquiry into the complaint dated 25.3.2002 filed by the petitioner by an officer not below the rank of Deputy Secretary attached to the Home Department. The Court had further directed that the copy of the report and the intimation about the action which may be taken pursuant to the report shall be sent to the Registrar, High Court, Bombay. 2. This Contempt Petition was filed by the petitioner contending that the respondent, who was holding the post of Additional Chief Secretary and was in charge of the Home Department, had failed to comply with the directions of this Court and thus had committed contempt of the Court. The respondent filed his affidavit dated 16.10.2007 wherein he clarified that as per the orders of the Court, he had, as per the order dated 14.1.2003, appointed Shri Suresh Mahajan, Joint Secretary, Home Department, Government of Maharashtra, 3 as an Enquiry Officer and Mr. Mahajan had completed the enquiry and submitted report on 23.7.2003. Copy of that report was also sent to the Registrar of the High Court. Along with his affidavit, the covering letter dated 23.7.2003 addressed to the Registrar, High Court along with the report of the enquiry is submitted. Thereafter, the petitioner had filed rejoinder contending that the copy of the enquiry report was not found in the office of the Registrar of the High Court inspite of his precipe dated 5.6.2007. In response to this, today, Mr. Nargolkar, AGP, appearing for the respondents has filed the xerox copy of the Tapal book indicating that the covering letter dated 23.7.2007 was actually received by the P.A. to the Registrar of the High Court Appellate Side. 3. After going through the above record, I am satisfied that the order passed by this Court was, in fact, complied with by the respondents and he had appointed Mr. Mahajan as Enquiry Officer. Mr. Suresh Mahajan was holding the post of Joint Secretary which post is superior to the post of Deputy Secretary and Mr. Mahajan completed the enquiry and submitted enquiry report. It appears that the copy of that report was also sent to the Registrar of the High Court, Bombay along with the covering leter dated 23.7.2003. As per 4 the report, the concerned Police Inspector was not found guilty and, Therefore, the question of taking any action against him could not arise. In view of this, I find that the order of this Court has been fully complied with by the Respondents and no contempt was committed. 4. In the result, the Contempt Petition stands dismissed. 5. As the Contempt Petition itself is disposed of, the Civil Application does not survive and stands disposed of accordingly. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)