Case Note & Summary
The present Contempt Petition was filed by Raju Bansilal Rasede, a government servant, praying for taking cognizance and declaring that the contemnor Respondent No.2/Member Secretary of the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad has committed willful disobedience of the order dated 22.12.2021 passed by this Court in Writ Petition No.14149/2021. The court had directed the Scrutiny Committee to decide the petitioner's representation within four weeks from the date of the order. The petitioner alleged that the respondent failed to comply with the order within the stipulated time. The court examined the facts and found that the order was complied with within the extended time granted by the court. The court held that there was no willful disobedience and dismissed the contempt petition.
Headnote
A) Contempt of Court - Willful Disobedience - Compliance with Court Order - The contempt petition alleged willful disobedience of an order directing the Scrutiny Committee to decide the petitioner's representation within four weeks. The court found that the order was complied with within the extended time granted by the court and there was no willful disobedience. (Paras 1-10)
B) Scheduled Tribes - Certificate Scrutiny - Time Limit for Decision - The court held that the direction to decide the representation within four weeks was complied with, albeit after the initial period, but within the extended time granted by the court. The contempt petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether the Respondent No.2/Member Secretary of the Scheduled Tribe Certificate Scrutiny Committee committed willful disobedience of the court's order dated 22.12.2021 by not deciding the petitioner's representation within the stipulated time.
Final Decision
The contempt petition is dismissed. The court found that the order was complied with within the extended time granted by the court and there was no willful disobedience.
Law Points
- Contempt of Court
- Willful Disobedience
- Compliance with Court Order
- Extension of Time
- Contempt Petition Dismissed
Case Details
2022 LawText (BOM) (12) 29
Contempt Petition No.516 of 2022
Ravindra V. Ghuge, Arun R. Pedneker
Mr. Rajendrraa Deshmukkh, Senior Advocate a/w. Ms. Priya Gondhalekar i/b. Mr. Sushant C. Yeramwar, Mr. S. G. Sangle
The State of Maharashtra, Shri Vijaykumar M. Katake, The Director General of Police, The Special Inspector General of Police, The Superintendent of Police
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Nature of Litigation
Contempt Petition alleging willful disobedience of court order by the Member Secretary of the Scheduled Tribe Certificate Scrutiny Committee.
Remedy Sought
To take cognizance and declare that the contemnor Respondent No.2 has committed willful disobedience of the court's order dated 22.12.2021.
Filing Reason
Alleged non-compliance of the court's order directing the Scrutiny Committee to decide the petitioner's representation within four weeks.
Previous Decisions
Order dated 22.12.2021 in Writ Petition No.14149/2021 directing the Scrutiny Committee to decide the petitioner's representation within four weeks.
Issues
Whether the Respondent No.2 committed willful disobedience of the court's order dated 22.12.2021.
Submissions/Arguments
Petitioner argued that the respondent failed to comply with the order within the stipulated time.
Respondent argued that the order was complied with within the extended time granted by the court.
Ratio Decidendi
The court held that there was no willful disobedience of the order as the order was complied with within the extended time granted by the court.
Judgment Excerpts
The present Contempt Petition is filed praying for taking cognizance and to declare that the contemnor Respondent No.2 / Member Secretary of the Scheduled Tribe Certificate Scrutiny Committee, Aurangabad has committed willful disobedience of the order dated 22.12.2021 passed by this Court in Writ Petition No.14149/2021.
Procedural History
The petitioner filed Writ Petition No.14149/2021 which was disposed of by order dated 22.12.2021 directing the Scrutiny Committee to decide the petitioner's representation within four weeks. The petitioner then filed the present Contempt Petition alleging non-compliance.
Acts & Sections
- Contempt of Courts Act, 1971:
