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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
C.P. No.297 of 2016 in W.P. No.1146 of 2014 (D)
(Sweta Bhagwan Chaudhari .vs. The Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli and
Ors.)
with
C.P. No.298 of 2016 in W.P. No.1146 of 2014 (D)
(Pawan s/o. Baliram Shrirame .vs. The Scheduled Tribe Certificate Scrutiny Committee, Gadchiroli
and Ors.)
_________________________________________________________________________________________________________________
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
_________________________________________________________________________________________________________________
Mr.S.P.Khare, Adv. for the petitioners.
Mrs.Bharti Dangre, GP for respondents.
CORAM : B.R. GAVAI
AND
V.M. DESHPANDE, JJ.
DATE : 14th SEPTEMBER, 2016.
Heard.
The petitioners have approached this Court contending therein that perusal of the roznama dt.12.4.2016 depicts a total contemptuous attitude on behalf of the respondents/contemnors.
Being aggrieved by rejection of Validity Certificates, the petitioners, who were claiming to be belonging to 'Mana' Scheduled Tribe, had approached this Court by way of Writ Petition Nos.1146 of 2014 and 2970 of 2014 respectively. It was specific contention of the petitioner that the petitioner's case was covered by the Judgment of the Division Bench of ::: Uploaded on - 19/09/2016 ::: Downloaded on - 20/09/2016 00:20:25 ::: 2 149cp297.16.odt this Court in the case of Apoorva d/o. Vinay Nichale .vs. Divisional Caste Certificate Scrutiny Committee No.1 and Others reported in 2010 (6) Mh.L.J. 401 inasmuch as the father and brother of the petitioner have been granted Validity Certificate.
When the matters were listed before this Court on 18.3.2016, a statement was made by the learned Government Pleader on the instructions of the respondents, who were present in the Court today that the orders impugned in the said petitions were being withdrawn and the Validity Certificates would be issued in favour of the petitioners within a period of four weeks from the said date. We had, therefore, disposed of the petitions in view of the statement made by the learned Government Pleader and directed the Committee to issue Validity Certificate within a period of four weeks from the said date.
The roznama of the meeting dt.12.4.2016 is placed on record which states that this Court in Writ Petition Nos.1146 of 2014 and 2970 of 2014 have issued a direction to the Committee to issue Validity Certificate within a period of four weeks. It further states that a letter is addressed to the learned Government Pleader to prefer a Special Leave Petition against the said Judgments and also to prefer review application. It further states that the Validity Certificates are being issued to the petitioners subject to Special Leave Petition to be filed before Hon'ble Apex Court.
::: Uploaded on - 19/09/2016 ::: Downloaded on - 20/09/2016 00:20:25 :::3 149cp297.16.odt We may state that a party is always at liberty to challenge the order passed by this Court before Hon'ble Apex Court. However, this would be so when the order is passed on merits after considering the rival submissions. When the order is passed on the concession of the party, we fail to understand as to how a Special Leave Petition could be preferred by the party making a concession. Mrs.Bharti Dangre, learned Government Pleader states that, as a matter of fact, the Special Leave Petition is not preferred and the Validity Certificates does not contain such a contention. She submits that merely because there are discussions in the internal file of the Committee, the same would not amount to contempt.
We are of the considered view that the contention raised by the learned Government Pleader needs to be heard only to be rejected. The proceedings of the Committee also cannot be in a manner which would amount to contempt of this Court. When a party has given a concession before this Court, it is bound to abide by the said concession. The concessions are given on their free will. Had the concession not been given by the respondents through the learned Government Pleader, the Court could have very well decided the matter on its own merits. In that situation, the matter would have been different.
We are of the considered view that the aforesaid observations in the notings of the Committee are totally contemptuous, which show scant regard to ::: Uploaded on - 19/09/2016 ::: Downloaded on - 20/09/2016 00:20:25 ::: 4 149cp297.16.odt the concession given by the members of the Committee before this Court and to the proceedings of the Writ Petition.
All the respondents are present in the Court. They tender their unconditional apology.
Though we find that the members of the Scrutiny Committee always take pride in disobeying the directions given by this Court, we are inclined to take a lenient view insofar as the present respondents are concerned, since they state that they had joined the Committee recently before the roznama was written and were not aware about niceties of the procedure.
We, therefore, accept the unconditional apology tendered by the respondents. We, however, warn them that if, hereinafter, we come across such notings in the file or such orders being passed which are contemptuous in nature, we will be compelled to take a serious view of the matter and take stern action.
The Contempt Petitions are disposed of with the aforesaid observations.
JUDGE JUDGE
[jaiswal]
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CERTIFICATE
I certify that this Order uploaded is a true and correct copy of original signed Order.
Uploaded by : Jaiswal, P.S. Uploaded on : 19.9.2016.
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