Satchidananda Chintamani Behera v. Dr. Ajay Deshmukh Registrar, Sant Gadge Baba Amravati University, Amravati

Order 2003cp21.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO.21/2017 IN WRIT PETITION NO. 6272/2016.

Satchidananda Chintamani Behera -VERSUSDr. Ajay Deshmukh Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B.P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : MARCH 20, 2017.

Shri A.P. Raghute, learned Counsel for the petitioner and Shri S.Y. Deopujari, learned Counsel for respondent.

2.

By an exparte innocuous order respondent University was expected to complete the departmental enquiry expeditiously.

3.

Grievance in contempt petition is, said enquiry has not been completed so far and subsistence allowance or salary also has not been paid.

4.

Learned counsel for respondent relies upon reply affidavit. He states that prosecution witnesses in departmental enquiry are already examined and after

Order 2003cp21.17 defence closes its case, enquiry will be concluded. He submits that within two months from today, enquiry will be over.

5.

As far as payment of subsistence allowance is concerned, he makes a statement that same has already been paid till January, 2017.

6.

Grievance of learned counsel for petitioner is the subsistence allowance should have been paid as per law i.e. after increasing it to 75% on expiry of initial period of 6 months.

7.

Looking to the nature of orders passed by this Court, we cannot hold respondent guilty of contempt if they have refused to increase subsistence allowance.

8.

In this situation, as no case is made out for proceeding in contempt, without observing anything on merits of the contentions raised by learned counsel and keeping it open for due consideration at appropriate juncture, we dispose of the Contempt Petition. No costs.

JUDGE JUDGE Rgd.