Chille Vinod Madhav And Ors vs Sanjay Khandare, Chairman And ...
2023 Latest Caselaw 2391 Bom

                                                                              4.165.23-cp.docx

 TRUSHA
 TUSHAR
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 MOHITE                                    CIVIL APPELLATE JURISDICTION
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2023.03.14
15:37:51 +0530

                                             CONTEMPT PETITION NO. 165 OF 2023

                      Chille Vinod Madhav & Ors.                               ..... Petitioners

                               Vs.

                      Sanjay Khandare,
                      Chairman and Managing Director
                      Maharashtra State Power
                      Generation Co. Ltd. & Ors.                               ..... Respondents


                      Mr.Sayyed T. Yaseen for the Petitioners

                                                            CORAM:    S.V.GANGAPURWALA, ACJ &
                                                                      SANDEEP V. MARNE, J.

DATED : MARCH 13, 2023

P.C.

1. It is submitted that after filing of the Contempt Petition, the

Petitioners have been issued with the appointment orders but on

supernumerary post. In that event, the Petitioners may assail the

action of the Respondents in appointing the Petitioners on

supernumerary post.

2. The learned Counsel for the Petitioners submits that the

Petitioners have accepted the same under protest. It would be open

for the Petitioners to assail the same as may be permissible under

law.

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                                                  4.165.23-cp.docx

3. In the present matter, we do not have details as to which

candidates from the SEBC have been appointed after the judgment

has been passed nor the Respondent against whom the contempt is

alleged, is a party. Contempt cannot be against an Office. It has to be

against a Person.

4. In light of that, Contempt Petition is disposed of. No costs.

(SANDEEP V. MARNE, J)                       (ACTING CHIEF JUSTICE)




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