Mahadev Bapu Takale v. Ranjit Singh Deol, The Secretary Sports And Education Dept. And ORS.

1 38-CP-733-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 733 OF 2022 Mahadev Bapu Takale

...Petitioner

Versus

Ranjit Singh Deol, The Secretary Sports and Education Department, and Ors.

...Respondents

**** Mr. Satyajeet Rajeshirke for the Petitioner.

Mr. V.M. Mali, AGP for the Respondent/State.

**** SNEHA NITIN CHAVAN SNEHA NITIN CHAVAN Date: 2024.02.12 19:38:03 +0530 CORAM : NITIN JAMDAR AND M.M.SATHAYE, JJ.

DATE : 6 FEBRUARY 2024 P.C. :

.

On 16 September 2021, Writ Petition filed by the Petitioner was allowed by this Court and it was directed that the State will grant sanction to release the payment in respect of the pensionary benefit to the Petitioner. Since the Respondent/Authority did not adhere to the time limit, the Contempt Petition was filed. Two orders are passed in contempt petition. The last one being 25 November 2022 where the Court recorded that there is admittedly non compliance. The Court was informed at that time that the office of the Accountant General has raised certain queries. The Court directed the office of the Accountant General to ensure payment. Sneha Chavan

2 38-CP-733-2022.doc 2.

As regards the defence to the contempt, reply affidavit is filed by one Subhash Rajaram Chougule, Education Officer (Secondary) Zilla Parishad, Sangli. This affidavit is bereft of any particulars. The officer seems to be under impression that compliance of order is itself no contempt, overlooking the delay. The point that is sought to be argued before us, that the delay is because of objection of the Accountant General office, is not stated in the affidavit. In fact it is an annexure to the Contempt Petition filed. Considering that the amount is now stated to be paid and the objection raised by the office of the Accountant General is now directed to be waived by this court, after accepting the unconditional apology, we close this proceeding. However, the Education Officer would be well advised to ensure that the affidavits are filed carefully. 4.

The contempt petition is disposed of.

(M.M.SATHAYE, J.) (NITIN JAMDAR, J.) Sneha Chavan