Rameshwar S/O Jagoji Pawar v. Shri Ganesh Patil, Chief Executive Officer, Z. P. Washim

0704cp34.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION NO. 34 OF 2016 IN WRIT PETITION NO. 5983 OF 2013 (Rameshwar s/o Jagoji Pawar vs. Shri Ganesh Patil, CEO, ZP, Washim) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & P.N. DESHMUKH, JJ.

APRIL 07, 2016.

Heard Shri D.M. Surjuse, learned counsel for the petitioner and Shri Amol Deshpande, learned counsel for the respondent.

Writ Petition No. 5983 of 2013 was disposed of with directions to the employer to pass appropriate orders about treatment to suspension period under Rule 72 of the Maharashtra Civil Services (Joining Time, Foreign Service and Payments During Suspension, Dismissal and Removal) Rules, 1981. Accordingly, the employer has taken a decision on 16.03.2016 and its copy is served upon the petitioner. Shri Surjuse, learned counsel submits that he has received a copy of the order now in the Court and, therefore, is seeking time.

A perusal of the order dated 16.03.2016 shows that the period of suspension has been treated as period of suspension only.

In this view of the matter, it is apparent that though there is delay of about two months in taking decision, it cannot be said that the Contempt survives even

0704cp34.16 today.

Without observing anything about merits of the controversy and with liberty to the petitioner to challenge that order before the appropriate forum/ this Court as per law, we dispose of the present Contempt Petition. No order as to costs.

JUDGE JUDGE *GS.