Bombay High CourtCP/221/2024disposed off

Subhash Charandas Karunik v. Mr. Milind Chowdhary, Presenting Officer And Asst. Administrative Officer, Panchayat Samiti ORS.

2025-02-25Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CONTEMPT PETITION NO. 221 OF 2024 (Subhash Charandas Karunik Vs. Mr.Milind Chowdhary, PO & Asst. Administrative Officer, Panchayat Samiti, Ghatanji and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. P. Bawankule, Advocate h/f Mr. S.V. Puranik, Advocate for petitioner. Mr. O.R. Deshpande, Advocate for respondent Nos. 1 to 3. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATED : 25-02-2025 We have heard Mr. Deshpande, learned Counsel for the respondent, who has produced the record of the proceedings, which we have taken into our custody today. The order sheet indicates, that after 13.2.2024, there is an entry of 30.9.2024 in the enquiry proceedings. The original of the communication dated 3.4.2024 by the petitioner intimating to the respondents, regarding the stay granted by this court on 1.4.2024(p12 of the CP) is not found on the record of the enquiry. However, what is material to note, is that in WP No. 2132/2024 itself, the enquiry officer who was the respondent No. 2 had appeared through advocate Tajne on 15.4.2024 on account of which, the respondent No. 2 cannot claim ignorance of the order of stay of the enquiry passed by this court on 1.4.2024 in Writ Petition No.

2134/2024, in spite of which, the material on record indicates that an enquiry report was got prepared by the Presenting Officer, which has then been sent to the Enquiry Officer on 11.7.2024 (page 13 of CP) in pursuance to which, by a communication dated 30.9.

2 42cp221.2024..odt Pandharkawada, has called the original service book of the petitioner, for the purpose of issuing the final show cause notice to the petitioner which would prima facie indicate that the order dtd. 1.4.2024 passed by this court in Writ Petition No. 2132/24, stands violated. Since, the Enquiry Officer who is claimed to have violated the order dtd 1.4.2024 passed by this court in Writ Petition No. 2132/24 is not present today on account of ailment as stated by learned Counsel Mr. Deshpande, list the matter 3.3.2025. The presence of the respondent No.1 in this court and that of the respondent No. 2 by VC is marked.

(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.) Belkhede Signed by: Mr. R. S. Belkhede Designation: PA To Honourable Judge Date: 25/02/2025 16:22:00