Choplal S/O Shrawan Lilhare v. Shri Jitendra Naik, President Manoharbhai Patel Education Society, Gondia And 2 Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CONTEMPT PETITION NO.86/2015 Choplal s/o Shrawan Lilhare ..Versus..

Shri Jitendra Naik, President Manoharbhai Patel Education Society, Gondia and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATE : 4.1.2016 Heard Shri M.R. Rajgure, advocate for the petitioner and Shri I.N. Choudhari, advocate for the respondents. The grievance of the petitioner is that the order passed by the Additional Commissioner, Tribal Development, Nagpur directing the respondents to pay 40% of the back wages has not been complied with. It is submitted that the respondents have reinstated the petitioner as per the order passed by the learned Additional

2 cp86.15 Commissioner, however, the other part of the order directing the respondents to pay 40% of the back wages is being wilfully disobeyed and, therefore, they are liable for action under the Contempt of Courts Act, 1971.

Shri Choudhari, advocate for the respondents, relying on the judgment given by this Court in Writ Petition No.3668/2014 on 27 th March, 2015 has submitted that the order passed by the Additional Commissioner is without jurisdiction and, therefore, it cannot be enforced by invoking the jurisdiction of this Court under the Contempt of Courts Act, 1971. In the judgment given in Writ Petition No. 3668/2014, this Court relying on the judgment given by the Hon'ble Supreme Court in the case of Secretary, A.P.D. Jain Pathshala and others V/s. Shivaji Bhagwat More and others reported in 2011(13) SCC 99 has held that the Additional Commissioner has no authority to decide appeals filed by the employees as the State Government cannot confer adjudicatory powers on the Authority by issuing the

3 cp86.15 Government Resolution.

In view of the law laid down in the above judgment, I am not inclined to exercise the jurisdiction under the Contempt of Courts Act, 1971. At this stage, Shri Rajgure, advocate for the petitioner seeks liberty to take appropriate proceedings for enforcement of the order passed by the Additional Commissioner. Without expressing anything on merits, the contempt petition is dismissed. Needless to say that the petitioner may avail appropriate remedy according to law. In the circumstances, the parties to bear their own costs. JUDGE Tambaskar.