Shri Pravin Punjaram Nere v. The State Of Maharashtra Thr Its Principal Secretary School Education Department Mantralaya Mumbai
2025:BHC-AUG:30017-DB cp192.25 -1-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CONTEMPT PETITION NO. 192 OF 2025 IN WRIT PETITION NO. 451 OF 2022 Pravin s/o Punjaram Nere
...Petitioner
Versus
The State of Maharashtra and others
...Respondents
.....
Mr. V.S. Panpatte, advocate for the petitioner Mr. A.M. Phule, A.G.P. for respondent Nos. 1 and 2 .....
CORAM : SHREE CHANDRASHEKHAR, CJ.
& RAVINDRA V. GHUGE, J.
DATE : 17th OCTOBER 2025.
P.C. :
Alleging willful and intentional violation of the order dated 11th January, 2022, passed in writ petition No. 451 of 2022, the present contempt petition has been filed by a person, who was seeking approval to his appointment on the post of Peon.
2.
Mr. Phule, the learned A.G.P. refers to the notification dated 24th February, 2025, issued under the signature of the Education Officer (Secondary), Zilla Parishad, Dhule and submits that the order passed by this Court has been complied with by
cp192.25 -2the contemnor - respondents.
3.
However, Mr. Panpatte, the learned counsel for the petitioner refers to Section 10 of The Maharashtra Government Servants Regulation of Transfers and Prevention of Delay in Discharge of Official Duties Act, 2005 (for short "the Act of 2005") and submits that this court may take cognizance of the delay caused by the contemnor - respondents in complying the order dated 11th January, 2022.
4.
In the first place, we may indicate that the delay in compliance of the order/direction of the court is not a ground to initiate proceedings under the Contempt of Courts Act, 1971 unless it is demonstrated that such delay was inordinate and intentional to overreach the order dated 11th January, 2025 passed by this Court in writ petition No. 451 of 2022. Secondly, with reference to the Act of 2005, particularly on the basis of the provisions of Section 10 thereof, the contempt proceeding cannot be initiated against the contemnor -respondents. 5.
The contempt petition No. 192 of 2025 is dismissed. (RAVINDRA V. GHUGE, J.) (CHIEF JUSTICE) rlj/