1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.5081/2010 Jesamal son of Arjundas Motwani ...Versus... State of Maharashtra, through its Secretary, Urban Development Department, Mantralaya, Mumbai – 400 032 and others --------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------- [Shri M.P. Khajanchi, Adv. for petitioner] [Shri A.M. Deshpande, AGP for respdt. Nos.1 and 3] [Shri M.I. Dhatrak, Adv. for respdt. No.2] [Shri Deshmukh, Adv. h/f Shri P.C. Madkholkar, Adv. for respdt. No.4] CORAM:- V.C. DAGA AND A.B. CHAUDHARI, JJ. DATED :- 26.11.2010 Perused petition. Heard all parties. This petition filed under Article 226 of the Constitution of India is directed against an order dated 4.10.2010 whereby and whereunder Shri Kailash Gaikwad, Under Secretary to the Government of Maharashtra has stayed the order of transfer knowing full well that the petition filed at the instance of Madhuri Madavi was pending before the Maharashtra Administrative Tribunal, Nagpur for judicial consideration and the interim relief was already rejected by an order dated 1.10.2010. In spite of knowing the above fact, Shri Kailash Gaikwad, Under Secretary to the Government of Maharashtra ventured to pass the stay order and thereby tried to interfere with the judicial process. 2 On the last date at the time of hearing, when this Court had expressed displeasure the manner in which power was exercised by the Under Secretary, the learned A.G.P. sought time to take instructions from the State Government. Today, a letter is produced before us under the signature of Shri Kailash Gaikwad, Under Secretary to the Government of Maharashtra, seeking to inform Government Pleader that the order dated 4.10.2010 is being withdrawn. In this view of the matter, it is no doubt true that the petition has become infructuous. However, the act of interfering with the judicial process, that too, by a officer of the rank of Under Secretary to the Government of Maharashtra cannot be overlooked. The executive discipline requires that the executives should not try to override orders passed by the competent Judicial Courts or Tribunals. Such defiant attitude on the part of the executives will not be tolerated by this Court. Copy of this order be sent to the Chief Secretary, Government of Maharashtra. At the same time, the Chief Secretary, Government of Maharashtra will send report to this Court mentioning how and why the stay order was granted by Mr. Gaikwad despite rejection of the stay order by the Maharashtra Administrative Tribunal vide order dated 1.10.2010. The Chief Secretary, State of Maharashtra shall place this order before the Hon'ble Chief Minister of the State of Maharashtra with a request to issue necessary directions to all the concerned officers, who are vested with quasi judicial powers not to interfere with the judicial process so as to overreach the Courts. In future, if such instances are noticed by this Court, serious view of the matter would be taken. 3 Learned Assistant Government Pleader undertakes to communicate this order to the Chief Secretary, Government of Maharashtra. The writ petition stands disposed of in terms of this order with no order as to costs. Steno copy of this order be supplied to the learned learned Counsel for the parties. JUDGE JUDGE SSW