Shaikh Hafiz Shaikh Habeeb v. Khan Qutubunissa Mahemood Ur Raheman And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO. 468 OF 2017 IN CP/746/2016 SHAIKH HAFIZ SHAIKH HABEEB

VERSUS

KHAN QUTUBUNISSA AND OTHERS ...

Advocate for Petitioner : Shri Dhage Vivek J. Advocate for Respondents 1 & 2 : Shri Kedar G.L. h/f Shri Karad A.M.

Advocate for Respondent 3 : Shri Rajput Deepak K. ...

CORAM : RAVINDRA V. GHUGE, J.

Dated: June 14, 2018 ...

PER COURT :- 1.

Considering the order dated 12.6.2018, the Education Officer Shri R.B.Wani along with Shri Suraj Prasad Jaiswal, the in-charge Education Officer earlier, are present in the Court. The amount of Rs.10,000/- is being deposited in this Court today. 2.

I have heard the learned Advocate for the Education Officer. He has tried to explain away the situation. It is stated that the earlier Education Officer Shri A.R.Mogal has retired on 31.3.2017. Thereafter Shri Deshmukh, Shri Wani, Smt. Lathkar, Shri Susar and Shri Jaiswal have been officiating as the acting Education Officers.

3.

After hearing the learned Advocates, though it appears that the conduct of these Education Officers cannot be countenanced keeping in view that the name of the petitioner was entered in the 'Shalarth Pranali' ( A system which enables online payment of salary which is deposited in the Salary Bank Account) in September, 2017, the outstanding wages from January 2016 to February 2017 are now being paid. Shri Dhage, learned Advocate for the petitioner submits that he is not interested in prosecuting the respondents if his grievances are redressed. He adds that if the outstanding wages are paid to him within two weeks, he would pray for the disposal of this Contempt proceedings and for donating the amount of Rs.10,000/- to the Government Medical College and Hospital, Aurangabad.

4.

Learned counsel for the Education Officer submits that as the Director, Education (Primary), has granted sanction for the payment of all arrears of the petitioner on 13.6.2018, the said payment could be made offline as the online system is not working properly, within two weeks from today. 5.

Considering the above, this petition is disposed off in view of the statement made on behalf of the petitioner and by

recording the assurance of respondent No.3.

6.

The amount of Rs.10,000/-, which the Education Officer Shri Wani would be depositing in this Court, can now be directly donated to the Government Medical College and Hospital, Aurangabad within two weeks. The compliance of this order shall be personally communicated by Shri Wani to the learned Registrar (J) of this Court along with the original receipt evidencing such deposit.

( RAVINDRA V. GHUGE, J. ) ...

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