The High Court disposed of a contempt petition filed regarding the willful breach of an order directing a stay of selection lists. The court noted the respondent's failure, subsequent apology, disciplinary action, and dismissal of the Writ Petition, holding nothing survived.
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(1) CP. 115-2009
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO. 115 OF 2009
IN
WRIT PETITION NO. 6828 OF 2008
Jagatsing s/o Dagadu Patil
and others Petitioners
Versus
The State of Maharashtra
through the Collector, Jalgaon and others Respondents
.....
Mr. Balaji Shinde, Advocate h/f. Mr. V.P. Latange, Advocate for
the Petitioners.
Mr. V.B. Ghatge, A.G.P. for the respondent/State.
Mr. N.L. Choudhary, Advocate for respondent no.2.
CORAM : M. T. JOSHI, J.
DATED : 25/09/2013
ORAL ORDER:
1. Heard both sides.
2.Submitting that willful breach of the order
is made by the respondent no.2 as regards the interim
direction to stay the effect and implementation of
the selection list dated 15/11/2008, the present
Contempt Petition is filed.
3.The reply of the Chief Executive Officer
shows that while he was out of station and in Delhi,
the Education Officer has published the said list.
Even before the notice of the present Contempt
(2) CP. 115-2009
Petition was served upon him on the basis of the
newspaper report, he came to know of the activity
carried by the Education Officer. Thereafter he not
only took the corrective steps but started
disciplinary action against the said Education
Officer and now unconditional apology is tendered in
the present proceedings. Further, admittedly, the
Writ Petition was heard on merit and was dismissed
later-on.
4.In view of all these facts, in my view,
nothing survives in the present Contempt Petition,
the same is therefore disposed of without any order
as to costs.
Sd/-
arp/
2 issues framed by the court
Whether the contempt petition survives when the respondent tendered an unconditional apology and disciplinary action was initiated.
Whether the breach of the interim direction by the respondent no.2 warrants punishment in the face of corrective steps and subsequent adjudication on merits.
Jagatsing s/o Dagadu Patil
The State of Maharashtra
Collector, Jalgaon
Chief Executive Officer
Education Officer
M. T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court