Mr. Irfan Chand Sheikh And Others vs Shri Ulhas P. Debadwar, Secretary ...
2021 Latest Caselaw 12797 Bom

Order                                                                                           3 cp 216-2021
                                                        1

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


                               CONTEMPT PETITION NO.216/2021

                             Mr. Irfan Chand Sheikh and others,
                                             Vs.
Shri Ulhas P. Debadwar, Secretary, P.W.D., the State Maharashtra, Mantralaya Mumbai-32 and
                                           others.


Office notes, Office Memoranda of
Coram, appearances, Court's orders                                Court's or Judge's Orders
or directions and Registrar's orders.

                                         Shri S.P. Bhandarkar, Advocate for petitioners.

                                         CORAM : S.M. MODAK, J.

DATE : SEPTEMBER 07, 2021.

Heard learned Advocate Shri Bhandarkar for the petitioners. Office has taken objection about the maintainability of the present petition when the order is passed by learned Maharashtra Administrative Tribunal, Nagpur Bench. It is submitted that the issue is clarified in judgment in the case of L. Chandrakumar Vs. Union of India and others reported in (1997) 3 Supreme Court Cases 261.

2. It is true that against the orders passed by the Maharashtra Administrative Tribunal this Court is entertaining writ petition. In view of that the contempt petition is maintainable before this Court.

3. Office objection is overruled.

4. As per the order dated 03/05/2017, direction is given to present respondent nos. 1, 2 and 4 to consider the

Order 3 cp 216-2021

case of the applicants for grant of promotion to the post of Junior Engineer. Since 2017, their cases were not considered and even the petitioner are not aware whether DPC is conducted or not.

5. The petitioners were pursuing about compliance of the order. Lastly, there is correspondence on 23/10/2020 addressed to respondent nos.1, 2 and 4 still the order is not complied.

6. The respondent no.3 is the Superintending Engineer for Nagpur Circle. He was neither impleaded as a respondent in the original petition nor notices were addressed to him. Hence, issue notice before admission to respondent nos. 1, 2 and 4, returnable after six weeks.

JUDGE R.S. Sahare