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

925-cp221.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CONTEMPT PETITION No.221 OF 2024 IN WRIT PETITION No.2132 OF 2024 (Subhash Charandas Karunik Vs. Mr. Milind Chowdhary, Presenting Officer & Assistant Administrative Officer, Panchayat Samiti, Ghatanji and others) __________________________________________________________________________ Office Notes, Office Memorandum of Coram, appearances, Court's orders of direction, Court's or Judge's orders.

And Registrar's Orders.

________________________________________________________________________________________ Mr. P.V. Bawankule, Advocate for petitioner.

Mr. O.R. Deshpande, Advocate for respondent Nos.1 to 3. Coram : Avinash G. Gharote and Abhay J. Mantri, JJ. Date : 28 th March , 2025.

1.

Heard.

2.

By filing affidavit-in-replies by respondent No.3 dated 13.3.2025 and by respondent No.2 dated 19/21.03.2023 the respondents have withdrawn all actions taken subsequent to the stay order dated 1st April, 2024 passed in Writ Petition No.2132/2024 and same is reflected in para 3 of both the affidavits, which reads thus as under:

Para 3 of the affidavit of respondent No.3 dated 13.03.2025.

"I most humbly state that the order passed by this Hon'ble High Court was not communicated to me; therefore, the enquiry procedure was completed. After the order dated 01/04/2024, I accepted the report of the presenting officer on 1/7/2024 and thereafter prepared the enquiry report and submitted it on 19/07/2024. These two actions were taken after the stay order of this Hon'ble Court; therefore, in compliance with the order, I am withdrawing my every action

925-cp221.24.odt 2/2 taken after 01/04/2024 and will halt the enquiry until further directions of this Hon'ble Court."

Para 3 of the affidavit of respondent No.2 dated 19.3.2025.

"It is respectfully submitted that all actions taken subsequent to the stay order dated 01.04.2024 are hereby recalled, and enquiry may kindly be considered to be fixed at the same stage as it was prior to the stay order, i.e. 01.04.2024. The respondent undertakes to abide by the orders passed by this Hon'ble Court and further tenders a sincere apology for the alleged contempt of the order passed by this Hon'ble Court."

3. We have accepted the statements of the respondents in paragraph 3 of both affidavits, as well as the sincere apologies tendered by both authorities. It appears that the withdrawal of the order amounts to the restoration of the position as it existed before the interim order dated 1st April 2024. 4.

We further expect the respondent-authority to act in accordance with the law in the future.

5.

In view of this, notice is discharged.

6. The original record of the matter be returned to Respondent No. 2.

(Abhay J. Mantri, J.) (Avinash G. Gharote, J.) Wadode Signed by: Mr. Devendra Wadode Designation: PA To Honourable Judge Date: 29/03/2025 13:09:13