Sarika Thakaji Kadali v. State Of Maharashtra
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date:
2024.10.23 18:08:30 +0530 CONTEMPT PETITION NO. 379 OF 2024 HUSENBASHA RAHAMAN NADAF Rajendra Ramdas Sawant ....Petitioner V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 334 OF 2024 Suprabha Sanjay Sasane ....Petitioner V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 380 OF 2024 Ramesh Bhimrao Salunkhe ....Petitioner V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 399 OF 2024 Nilesh Arun Dohale ....Petitioner V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 401 OF 2024 Yogita Harichandra Shingte ....Petitioner (Mrs. Neha Nitin Malpekar) V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 425 OF 2024
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Usha Laxman Dalvi and Anr.
....Petitioners V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 422 OF 2024 Anita Santosh Karote and Anr.
....Petitioners V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION NO. 423 OF 2024 Sarika Thakaji Kadali and Anr.
....Petitioners V/S The State Of Maharashtra and Ors.
....Respondents CONTEMPT PETITION NO. 424 OF 2024 Vaishali Mohanish Telavane and Anr.
....Petitioners V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION (ST.) NO. 30668 OF 2024 Priti Bhausaheb Jondhale ....Petitioner V/S The State Of Maharashtra and Ors.
....Respondents WITH CONTEMPT PETITION (ST.) NO. 30669 OF 2024 Sanjiv Tatyaba Shepal ....Petitioner V/S The State Of Maharashtra and Ors.
....Respondents
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Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Adv. Vinayak R. Kumbhar, Adv. Rajendra B. Khaire, Adv. Aniket S. Phapale i/b Adv. Ashwini Bandiwadekar for Petitioners. Mr. B.V. Samant Addl. GP, a/w Ms. T. J. Kapre, AGP for State Respondent Nos. - 1 to 3 & 6.
Mr. Sandeep P. Sangave, Deputy Director of Education, Mumbai Region, Mumbai is present.
CORAM : RAVINDRA V. GHUGE & M.M. SATHAYE, JJ.
DATE : 22nd OCTOBER, 2024 P.C.:
1.
In all these matters, we have considered the submissions of the learned Senior Advocate for the Petitioners, the learned AGP on behalf of Respondent No. 1, 2, 3 & 6, on 18.10.2024, 21.10.2024 and today. We have also considered the affidavit filed by Shri. Sandeep Sangave, Deputy Director of Education, Mumbai Division, Mumbai, Respondent No.6 herein, dated 19.10.2024 and the various documents annexed to the said affidavit.
2.
After a prolonged hearing, we expressed a view that there is sufficient material before us on the basis of which we can draw an inference about the disobedience of our orders. The learned Senior Advocate for the Petitioners, has taken
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instructions and submits that the Petitioners would request for an order of fine instead of a grave order of punishment. 3.
At the request of the learned Advocates for the respective sides that we should not proceed to advert to the various contentions of the parties in these Petitions, that we are passing this order, in view of the consent of the Petitioners. 4.
Considering that these proceedings are under the Contempt of Courts Act, 1971, we have conducted an extensive hearing, and especially on this point. After noting the submissions of the learned AGP on instructions from Shri. Sandeep Sangave and the learned Senior Advocate appearing on behalf of the Petitioners, we permitted the accused/contemnor, Respondent No.6, to make a statement. The Petitioners initially prayed for costs of Rs.1 lakh per Petitioner considering the grave hardship and irreparable loss caused to them. Subsequently they suggested Rs.50,000/- per Petitioner. It is thereafter, that we left it to Respondent No. 6 to make a statement. Since he agreed to deposit costs instead of attracting a grave order under the Contempt of Courts Act, we granted liberty to him to file an
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additional affidavit to make such a statement, at 2.30 pm. 5.
The learned AGP has tendered an affidavit of Shri. Sandeep Sangave, dated 22.10.2024, paginated from 83 to 86. He has expressed his willingness, in paragraph Nos. 2 & 3, along with an unconditional apology in paragraph No.4, to deposit an amount of Rs.3,30,000/-, towards costs for all the Petitioners together. He agreed to deposit the said amount within a period of 4 weeks.
6.
The learned Senior Advocate for the Petitioners submits on instructions that, out of the amount of Rs.30,000/- which would be received by each Petitioner, they are willing to donate Rs.10,000/- each, towards a noble cause. He suggests that each Petitioner will donate an amount of Rs.5,000/- each to two Trusts, namely, Ankur Samajik Sanstha and Suhit Jeevan Trust. The details of the said Trusts are tendered by him to the Court vide a compilation (3 pages) which is marked as 'X' for identification.
7.
The contempt proceedings stand purged and all these Contempt Petitions stand disposed off.
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8.
After the amount of Rs.30,000/- per Petitioner, is deposited in this Court by Shri. Sandeep Sangave, on or before 30.11.2024, the Registry would permit these Petitioners to withdraw Rs.20,000/- each, with proper identification from the learned Advocate representing them. Out of the remaining amount Rs.10,000/- per Petitioner, the Registry shall directly transfer an amount of Rs.5,000/- per Petitioner, to Ankur Samajik Sanstha and also to Suhit Jeevan Trust through RTGS transfer on the account and IFSC Code set out in the compilation 'X'. 9.
Since the concerned authority has now complied with the order of this Court, vide an affirmative action taken on 17.10.2024, it is expected that the Shalarth ID orders would be expeditiously served upon the Managements who have forwarded the proposals.
10.
In turn, the Managements and the Education Officer would do the needful for seeking clearance of the arrears of salaries and regular payment of salaries of these Petitioners. (M.M. SATHAYE, J.) (RAVINDRA V. GHUGE, J.)