Gulam Rasul S/O Ratanbhai Pathan v. Mrs. Chetana Khirwadkar, Divisional Controller Maharashtra State Road Transport Corporation, Akola
cp21.19.O.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR CONTEMPT PETITION NO.21 OF 2019 IN WRIT PETITION NO.1542 OF 2017 (P) (Gulam Rasul s/o Ratan Bhai Pathan Vs. Mrs. Chetana Khirwadkar, Divisional Controller, MSRTC, Akola) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court'
s orders of directions Court'
s or Judge'
s orders.
and Registrar's Orders.
------------------------------------------------------------------------------------------------------------------------------------- Shri Salim I. Khan, Advocate for Petitioner.
Shri V.G. Wankhede, Advocate for Respondent.
CORAM: RAVINDRA V. GHUGE AND S.M. MODAK , JJ.
DATE: 7 th FEBRUARY, 2020.
1] We have perused the earlier orders passed by this Court dated 23.02.2019 and 25.06.2019 and the last order dated 02.07.2019. Despite these orders, the M.S.R.T.C. has come before us today in the writ petition to state that the documents were not received. In the above orders, we have dealt with the issue in the writ petition and imposed costs on the M.S.R.T.C.
2] Considering the above, we do find that the M.S.R.T.C. has not shown the due respect that ought to be shown to the orders of this Court. The petitioner is 81 years of age today, and is yet to receive his pensionary benefits for the last 23 years.
3] We are therefore, inclined to proceed with this contempt petition as prima facie we find that the
cp21.19.O.odt respondent is guilty of disobedience of the orders of this Court. The learned Advocate for the respondent has urged us to pardon the respondent and a statement is made that the pension papers would be forwarded to the pay unit within ten days from today and that no further orders may be passed.
4] We find the conduct of the respondent to be unconscionable. However, though the grievance of the petitioner is redressed after an inordinate delay, this contempt proceedings are purged by directing the M.S.R.T.C. to deposit an amount of Rs.10,000/- in this Court on or before 29.02.2020. The said amount can be withdrawn by the petitioner under proper identification from the learned Advocate.
5] This contempt petition is therefore, disposed off. (S.M. Modak, J.) (Ravindra V. Ghuge, J.) Nikhare