Francisco Antonio Fernandes E Faria, Rep. By Const. Att., Santana D'Cruz., v. Deepali Naik.,

Santosh 1 cp39-17dt13-11-17 IN THE HIGH COURT OF BOMBAY AT GOA CONTEMPT PETITION NO. 39 OF 2017 IN WRIT PETITION NO. 312 OF 2017 Francisco Antonio e Faria.

......

Petitioner.

Versus

Deepali Naik.

...... Respondent.

Mr. Bhargav M. Khandeparkar, Advocate for the Petitioner. Coram : N.M. Jamdar & Nutan D. Sardessai, JJ.

Date : 13 November 2017.

P.C.:

Heard Mr. Khandeparkar, learned Counsel for the Petitioner.

2.

The learned Counsel for the Petitioner states that the Respondent has violated the order dated 28 June 2017 of initiating an inquiry and deciding the show cause notice issued by the Municipal Council. The learned Counsel for the Petitioner states that he has given a private notice to the Chief Officer. None appears for the Chief Officer. The learned Counsel for the Petitioner states that the inquiry has now been commenced and notice has been issued to the Petitioner to remain present to participate in the inquiry.

Santosh 2 cp39-17dt13-11-17 3.

Considering the totality of the circumstances, we do not find it necessary to initiate the contempt proceedings against the Chief Officer, at this stage, since the inquiry is initiated and notice is also issued to the Petitioner to participate in the inquiry. We expect the Municipal Council to complete the inquiry within a period of six weeks. If the inquiry is not so completed and decision is not taken within a period of six weeks, liberty to the Petitioner to revive the Contempt Petition. The Contempt Petition is disposed of. Liberty to the Petitioner to serve a copy of this order on the Municipal Council. All parties to act on duly authenticated copy of this order. Nutan D. Sardessai, J. N.M. Jamdar, J.