In this contempt petition regarding alleged breach of a prior writ order regarding subsistence allowance, the High Court held that as the entire allowance was ultimately paid and the respondent was downgraded, it was not expedient to proceed. The petition was dismissed.
Contempt petition dismissed without order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
( 1 ) cp51.09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CONTEMPT PETITION NO. 51 OF 2009 IN WRIT PETITION NO. 6387 OF 2006
Sunil Ganjidhar Pawar
..Petitioner
Versus
Baldev Sing & Ors...Respondents
Mr. D.J. Patil h/f. Mr. N.B. Suryawanshi, Advocate for
the petitioner.
Mr. S.T. Shelke, Advocate for respondent No.3.
CORAM : M.T. JOSHI,J.
DATED :27.09.2013
P.C. :-
1.The only contention in the present contempt
petition is that in breach of order passed in Writ
Petition No. 6387 of 2006 dated 26th June, 2008, the
respondents have not paid difference of the subsistence
allowance within a period of three months from the date
of that order.
2.Reply of respondent Nos. 3 and 4 shows that on
the date of passing of the order itself, an amount of Rs.
2,08,065/- was paid by cheque dated 9th March, 2009 and
thereafter further cheques were issued and certain
payment was delayed as service book was deposited by the
petitioner belatedly in the office. Ultimately, entire
subsistence allowance is paid. The departmental enquiry
is concluded and present petitioner is brought to lowest
pay scale of Jr. Engineer.
3.Taking into consideration the facts, in my view,
it would not be expedient to proceed with present
contempt petition. The Contempt Petition is dismissed
without any order as to costs.
snk /2013/SEP13/cp51.09
1 issue framed by the court
Whether to proceed with contempt petition for alleged non-payment of subsistence allowance.
Sunil Ganjidhar Pawar
Baldev Sing
M.T. Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court