Rajabhau Haribhau Gurle v. Balasaheb Shankarrao Nagargoje District Civil Surgeon

1 cp 439.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 439 OF 2021 IN WRIT PETITION NO. 7954 OF 2021 Rajabhau Haribhau Gurle .. Petitioner

Versus

Balasaheb Shankarrao Nagargoje District civil Surgeon .. Respondent Shri G. K. chinchole, Advocate h/f Shri S. M. Vibhute, Advocate for the Petitioner.

Shri A. R. Kale, A.G.P. for the Respondent.

CORAM :

S. V. GANGAPURWALA AND S. G. DIGE, JJ.

DATE :

13TH DECEMBER, 2021.

FINAL ORDER :

.

The petitioner alleges contempt of the order of this Court dated 30th July, 2021 passed in Writ Petition No. 7955 of 2021. According to the learned advocate for the petitioner, this Court had set aside the order placing the petitioner on supernumerary post and further directions were given not to take any coercive steps till the validation proceedings are pending and not to withhold the salary.

2.

According to the learned counsel inspite of aforesaid order, the respondent directed the petitioner to submit the validity certificate else his services would be terminated. The order was

2 cp 439.21 to take effect from August 2022.

3.

The learned Assistant Government Pleader submits that, subsequently order has been passed for payment of regular salary and allowances to the petitioner. The learned A. G. P. further submits that, the petitioner is not co-operating in the vigilance enquiry. Twice he was requested to remain present, he did not remain present. The contention of the petitioner is otherwise.

4.

Be that as it may, the respondent has now taken decision to pay regular salary and allowances of the petitioner. That would meet the case of the petitioner.

5.

The petitioner shall also co-operate in the validation proceeding and vigilance being conducted. The petitioner shall remain present before the Committee on 23rd December, 2021 and shall also co-operate in expeditious disposal of the validation proceeding. In case the petitioner does not co-operate in disposal of the validation proceeding, the Committee can pass further orders.

6.

In the light of the above, the contempt petition is disposed of.

[S. G. DIGE, J.] [S. V. GANGAPURWALA, J.] bsb/Dec.21