Nilima Prabhudas Padvi v. State Of Maharashtra Through Department Of Education
Digitally signed by TRUPTI SADANAND BAMNE Date:
2024.12.03 14:52:30 +0530 TRUPTI SADANAND BAMNE Trupti 1 2-cp-624-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 624 OF 2024 IN WRIT PETITION NO. 2923 OF 2022 Nilima Prabhudas Padavi ...
Petitioner versus The State of Maharashtra & Ors.
...
Respondents ....
Mr.Chetan Patil with Mr.Vishwesh Gadage i/b. Mr.Mandar Bagkar for the Petitioner.
Mr.P.P.Kakade, Addl.GP with Ms.Pooja Joshi Deshpande for Respondent No.1-State.
....
CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 29TH NOVEMBER, 2024 P.C.:
1.
We have perused the order dated 15th March, 2022 passed by this Court in Writ Petition No. 2923 of 2022. The Petition was allowed in terms of prayer clause (a) and a specific direction was issued in paragraph no. 6, which reads as under :
"6. It is directed that the name of the Petitioner shall be entered in Shalarth ID within a period of one week from the date of receipt of copy of the order. Salary be released to the Petitioner within a period of two weeks from allotting the Shalarth ID to the Petitioner".
Trupti 2 2-cp-624-2024.odt 2.
However, despite the above plain and simple direction, Shri Mahesh Chothe, Deputy Director of Education, Kolhapur Division, Kolhapur, Respondent No.5 herein, has declined to pass an order after conducting a hearing, on the plea that an issue pertaining to the requirement of Teacher Eligibility Test (TET) certificate is pending before the Hon'ble Supreme Court.
3.
Prima facie, we find that Respondent No.5 was legally obliged to obey the direction of this Court. If he had anything to point out to the Court, he should have preferred an Interim Application and sought further directions. Without doing so, he cannot pass an order which indicates his desire to overbear the authority of the Court. 4.
In view of the above, issue notice to Respondent No.5, in the format prescribed under the Contempt of Courts Act, 1971 returnable on 18th December, 2024.
(ASHWIN D. BHOBE,J.) ( RAVINDRA V. GHUGE, J.)