Dismissed

Manoj S/O Namdeorao Walke v. S.A. Pedgaonkar, Addditional Secretary, State of Maha. Dept. of Social Welfare, Mumbai

Bombay HC25 Jul 2017CP/74/2017

Case brief

AI extract

What is this about?

This court disposed of a contempt petition wherein the petitioner alleged dereliction of duty regarding the creation of posts via PIL. The court found no contempt at the current stage due to the respondent's explanation of a policy decision requiring reevaluation of the need for vacant posts, recalling the execution warrant and recording the affidavit.

What did the court decide?

The warrant was recalled; the reply-affidavit is on record; the contempt petition is disposed of with liberty to approach again.

Manoj S/O Namdeorao Walke Vs S.A. Pedgaonkar, Addditional… — Contempt of Court | Bombay HC (2017)

¶1

1 cp74.17

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.

¶3

CONTEMPT PETITION NO.74 OF 2017 IN

¶4

PUBLIC INTEREST LITIGATION NO.44 OF 2015(D)

¶5

(Manoj s/o Namdeorao Walke ..vs.. Shri S.A. Pedgaonkar)

¶6

¶7

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

¶8

Court's or Judge's orders

¶9

- - - - Shri A.R. Ingole, Advocate for the petitioner, Shri S.M. Ukey, Addl. G.P. the for respondent

¶10

CORAM : B.P. DHARMADHIKARI AND ROHIT B. DEO, JJ. DATED : 25-07-2017

¶11

Heard Advocate Shri A.R. Ingole for the petitioner. The respondent is present in person alongwith learned Additional Government Pleader Shri S.M. Ukey.

¶12

As the warrant is yet to be executed, it is recalled. Reply-Affidavit tendered by learned Assistant Government Pleader is taken on record. It states that a policy decision taken on 11-02-2016 obliges the State Government and its Social Justice Department to reconsider and reevaluate need of post lying vacant.

¶13

In Public Interest Litigation No.44/2015 affidavit was filed on 14-10-2015 stating that a meeting was held on 01-04-2015 under Chairmanship of Hon'ble Chief Minister and additional posts for effective

¶14

2 cp74.17

¶15

implementation of scheme under Social Justice Department were then envisaged. On the basis of this affidavit and disclosure, direction was issued and on 24-02-2016 State Government filed an affidavit that period of about six months would be required for creation of said post.

¶16

It is obvious that Government Resolution dated 11-02-2016 envisaging restructuring and rescrutiny was not then pointed out to this Court.

¶17

Reply tendered by the respondent on record today points out reconsideration, which has become necessary in view of that policy decision. It appears that thereafter proposal has been submitted and administrative actions and interactions are going on.

¶18

As such we do not find any contempt at least at this stage.

¶19

With liberty to the petitioner to approach again if their grievance is not redressed within reasonable time, we dispose of the contempt petition.

¶20

JUDGE JUDGE

¶21

adgokar

Manoj S/O Namdeorao Walke v. S.A. Pedgaonkar, Addditional Secretary, State of Maha. Dept. of Social Welfare, Mumbai

Case brief

What is this about?

What did the court decide?

Manoj S/O Namdeorao Walke v. S.A. Pedgaonkar, Addditional Secretary, State of Maha. Dept. of Social Welfare, Mumbai

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sau. Archana Surendra Wankhede and Others Vs the State of Maharashtra through Its Secretary Deptt. of School Education and Sports, Mumbai and or

Narayan S/O Tukaram Lanjewar (Deledted) and Others Vs Baliram S/O Shivram Bendre

Narayan S/O Tukaram Lanjewar (Deledted) and Others Vs Baliram S/O Shivram Bendre

Santoshkumar S/O Narayan Prasad Trivedi Vs Maharashtra Jeevan Pradhikaran Nawi Mumbai Thr. Member Secretary and Others

Bhimrao S/O Natthu Ramteke Vs Maharashtra Jeevan Pradhikaran, Mumbai Thr. Its Member Secretary and Others

Shri Krishna S/O Nathuji Thakre Vs Maharashtra State Power Generation Company Ltd. Thr. Managing Director, Mumbai and Another