Shaikh Shakil Shaikh Shaukat And ... vs Shri Shyam Tagade, Additional ...
2021 Latest Caselaw 6211 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIVIL APPELLATE SIDE JURISDICTION

                        CONTEMPT PETITION NO.60 OF 2020



       Shaikh Shakil Shaikh Shaukat and Ors....... Petitioners

                Vs.

       Shri Shyam Tagade, Additional
       Chief Secretary and Anr.                          ..... Respondents


       Mr.N.V.Bandiwadekar i/b Ms.Ashwini N. Bandiwadekar for
       the Petitioners

       Mr.A.P.Vanarase, A.G.P. for the State


                                       CORAM:    K.K.TATED &
                                                 RIYAZ I. CHAGLA, JJ.

DATED : APRIL 07, 2021 P.C.

. Heard.

2. The learned counsel for the Petitioners submits that as per earlier order dated 02.02.2021, passed by this Court, Respondents fled affdavit dated 25.02.2021. He submits that the deponent of the said affdavit specifcally admitted that it remained on their part to comply the order passed by this Court. In support of this contention, he relies on paragraph 8 and 9 of the said affdavit which reads thus:

"8. I say that the Law and Judiciary Department has given a clear opinion that it is not

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feasible to delete the Rule 4 of Recruitment Rules, 2019 without the permission of the High Court as it would amount the contempt of the Court.

9. I say that there is no intentional disobedience or fault or default committed by this Respondent for not obeying the directions issued by this Hon'ble Court vide order dated 8.8.2019 in Writ Petition No.11259 of 2013. I say that after passing the order passed by this Hon'ble Court, the Committee was constituted on 26.8.2019 however, the decision thereafter could not be taken due to the query raised by the General Administration Department which is required to be considered by obtaining the opinion from Law and Judiciary Department and accordingly the Law and Judiciary Department has given its opinion on 27.10.2020. Thus, the delay has been caused because of the aforesaid circumstances and now the decision in accordance with the judgment of this Hon'ble Court would be taken by the Committee constituted under Rule 6 of Recruitment Rules, 2019 within a period 15 days in accordance with the said Rules."

3. The learned counsel for the Petitioners submits that it is specifcally stated in paragraph 9 of the said affdavit that the Committee will take decision within 15 days according to the rules but till today the Committee has not taken any decision.

4. At this stage, the learned A.G.P. for the Respondents submits that he requires some time to take instruction from the concerned offcer and fle affdavit of Respondent no.1

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stating that whether Committee has taken decision or not, as stated by them in their affdavit dated 25.02.2021.

5. At the request of learned A.G.P., matter to appear on board on 23.04.2021. By that time, they have to fle their additional affdavit explaining whether they complied the order passed by this Court or not, with copy to other side.

6. Stand over to 23.04.2021 under caption for admission.

       (RIYAZ I. CHAGLA, J.)               (K.K.TATED, J.)




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