High Court On Its Own Motion v. The Chairman Mr. Jaywantrao Shimpi And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION CIVIL SUO MOTU CONTEMPT PETITION (ST.) NO. 3392 OF 2026 Digitally signed by UDAY SHIVAJI JAGTAP Date:

2026.04.28 20:04:51 +0530 High Court on its Own Motion ... Petitioner UDAY SHIVAJI JAGTAP

Versus

The Chairman Mr. Jaywantrao Shimpi and Anr.

... Respondents WITH WRIT PETITION NO. 8482 OF 2025 Dilip Tatoba Raje ... Petitioner

Versus

The State of Maharashtra Through Its Sec. Education Dept. and Ors.

... Respondents .............

Mr. Kalpesh Patil for the Petitioner in WP 8482/2025. Mr. Datta Pawar a/w Eshan Nayak for Respondent Nos. 5 and 6 Mr. V.M. Mali, AGP for the Respondent - State. Mr. Abhishek Shimpi, Secretary of Respondent Nos. 5 is present in Court.

Mr. Jaywantrao Shimpi, Chairman of Respondent No.6 present through VC.

.............

CORAM : MADHAV J. JAMDAR & PRAVIN S. PATIL, JJ.

DATE : 27th APRIL, 2026.

P. C. :

1.

This Court, on 18th April 2026 passed the following order:- 1 of

"1.

This Court, on 25th February 2026 passed the following order :

"1. Learned Advocate for the Respondent Nos.5 & 6 submits that certain information is required for submitting the proposal of the Petitioner for pension.

2. Learned Advocate for the Petitioner makes a grievance that the proposal submitted by the Respondent Nos.5 & 6 is only upto the year 2017, whereas the Petitioner has superannuated in the year 2021 and he has also acquitted by this Court, and therefore the proposal needs to be submitted upto the year 2021.

3. Respondent Nos. 5 and 6 shall resubmit the proposal of the Petitioner by specifying the period up to his superannuation, i.e., 2021. The Petitioner shall furnish the information required by Respondent Nos. 5 and 6 within a period of two weeks from today. Within two weeks thereafter, Respondent Nos. 5 and 6 shall submit the proposal to Respondent No. 4, who shall process the said proposal within a further period of four weeks thereafter.

4. Stand over to 22nd April 2026.

5. The Petitioner undertakes to file typed copies of illegible annexures within two weeks."

2.

Thus, although the proposal submitted by respondent Nos.5 and 6 was only up to the year 2017, this Court, by the said order, directed respondent Nos.5 and 6 to resubmit the proposal of the petitioner by specifying the period up to his superannuation, i.e., 2021. As the said order was not complied with, the matter was mentioned before this Court, and pursuant to the order dated 25th February 2026, the proposal has been submitted to the office of the Education Officer on 9th April 2026.

3.

Mr. Kalpesh Patil, learned counsel for the petitioner, states that, despite the specific direction issued by this Court by order dated 25th February 2026 to resubmit the proposal of the petitioner by specifying the period up to his superannuation, i.e., 2021, the proposal submitted only up to the year 2017, in 2 of

clear disregard of the said order.

4.

Thus, prima facie we are satisfied that the Chairman and Secretary of Ajara Mahal Shikshan Mandal, Tal. Ajara, Dist. Kolhapur, have committed contempt of this Court. 5.

Accordingly, issue notice to the Chairman, Mr. Jaywantrao Shimpi and the Secretary, Mr. Abhishek Shimpi under Rule 9 of the Contempt of Courts (Bombay High Court) Rules, 1994, returnable on 27th April 2026 at 2:30 p.m. 6.

It is made very clear that, if on 27th April 2026 at 2:30 P.m. the Chairman, Mr. Jaywantrao Shimpi and the Secretary, Mr. Abhishek Shimpi fail to remain present before this Court, a non-bailable warrant will be issued against them to secure their presence."

2.

Pursuant to the said order, Suo Motu Contempt Petition No. 1 of 2026 has been lodged. Mr. Datta Pawar, learned counsel appearing for the contemnors states that order dated 25th February 2026 as also order dated 18th April 2026 passed by this Court have been complied with and the proposal has been submitted.

3.

In consonance of the said order, Mr. Mali, learned APP states that the Education Officer has forwarded the proposal to the Accountant General.

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4.

Mr. Datta Pawar, learned counsel tenders affidavit dated 25th April 2026 of Respondent Nos. 5 and 6. In the said affidavit, in paragraph 14, unconditional apology has been tendered and it is stated that the Respondent Nos. 4, 5 and 6 have taken necessary corrective steps to comply with the orders dated 25th February 2026 and 18th April 2026.

5.

Mr. Jaywantrao Shimpi is present through VC and Mr. Abhishek Shimpi is present in Court. Both of them state that unconditional apology tendered by them be accepted and they will voluntarily pay an amount of Rs.5,000/- each as cost to the Bombay High Court, Kolhapur Bench Bar Association with a period of two weeks from today.

6.

As the orders dated 25th February 2026 and 18th April 2026 have been complied with, Respondent Nos. 5 and 6 have purged the contempt and also tendered unconditional apology. 7.

Accordingly, by accepting the unconditional apology tendered by Respondent Nos. 5 and 6, the Suo Motu Contempt Petition (ST.) No. 3392 of 2026 is disposed of. 4 of

8.

List the Writ Petition on 18th June 2026.

[PRAVIN S. PATIL, J. ] [MADHAV J. JAMDAR, J.] 5 of