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Bombay High CourtCP/627/2019disposed offdismissed for default

Harish Narayan Shete v. The State Of Maharashtra And Another

2020-01-13Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Anil S. Kilor3 pages

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONTEMPT PETITION NO.627 OF 2019 IN WRIT PETITION NO.7180 OF 2016 Harish s/o Narayan Shete, Age: 40 years, Occ: At present Nil, R/o. Near Suryanarayan Temple, Dilip Gas Galli, Chalisgaon, Taluka Chalisgaon, Dist. Jalgaon PETITIONER

VERSUS

1.

The State of Maharashtra through its Secretary, Education Department, Mantralaya, Mumbai 2.

Nitin Bachhav, Age: 45 years, Occ: Service, as Incharge Deputy Director of Education, Office of the Deputy Director of Education, Nashik R/o. Nashik, Taluka and District Nashik.

RESPONDENTS Mr Govind Kulkarni, Advocate h/f Mr R.S. Deshmukh, Advocate for the petitioner;

Mr S.G. Sangle, A.G.P. for respondent/State;

CORAM : PRASANNA B. VARALE & ANIL S. KILOR, JJ.

DATED :

13th JANUARY, 2020

( 2 ) ORAL ORDER:

In response to the simple notice issued to respondent No.2 by order dated 19th September, 2019, affidavit in reply is filed on behalf of respondent No.2 through Mr. Nitin Popatrao Bacchav, Incharge Deputy Director of Education, Nashik Region, Nashik. The deponent had tendered unconditional apology for the delay. At the outset, in the reply, in paragraph-4, sequence of the proceedings are referred to, namely; the petitioner submitted representation to the authority on 2nd November, 2018, hearing was scheduled on receipt of the representation on 29th June, 2019 and on 5th September, 2019 upon hearing the parties, the Deputy Director of Education, Nashik Region, Nashik passed the order and copy of the order is also placed on record annexed to the affidavit in reply.

2.

Perusal of the aforesaid order shows that the submissions were advanced on behalf of the petitioner as

( 3 ) well as the headmaster of the school. By assigning reasons, the order dated 4th September, 2019 is passed. 3.

The deponent specifically states that the delay occurred in decision is due to administrative grounds and unconditional apology is tendered for delay caused. Accepting apology and considering the representation of the petitioner is decided, it can safely be stated that the order of this Court is now duly complied with. The contempt petition is accordingly purged and disposed of. [ANIL S. KILOR, J.] [PRASANNA B. VARALE,J.] Tupe