Bombay High Court Drops Contempt Proceedings After 5 State Govt Officers Tender Unconditional Apology

The Bombay High Court on Wednesday dropped contempt proceedings against five state government officers after they tendered unconditional apologies to the court for not following its orders.

A division bench of Justice GS Kulkarni and Justice Jitendra Jain observed,

“considering the fact that the contemnors are Government officials and that their apology as tendered to the Court as informed to us is bonafide, heartfelt and real contrition, we accept such unconditional apology and the assurance as given by the contemnors, as an undertaking to the Court.”

The court had on August 31, 2023 sentenced the following officers to one-month civil imprisonment in a Contempt Petition for non-compliance of an order dated March 2, 2022 requiring allotment of land to the petitioners within six months –

• Aseem Gupta - Principal Secretary, Urban Development Department
• Bijaysinh Deshmukh - Additional Collector, Pune
• Uttam Patil - Deputy Collector, Rehabilitation Department
• Sachin Kale - Revenue Officer
• Praveen Salunkhe - Land Acquisition Department

The court had also found these officers guilty of contempt of subsequent orders directing them to file affidavits an appear before the court in the contempt proceedings.

The officers on Wednesday submitted their respective affidavits to the court. In these affidavits, they expressed deep remorse and regret for their actions. Each contemnor tendered an unconditional apology to the court and assured that they would diligently adhere to all court orders in the future when performing their official duties.

Advocate General Birendra Saraf submitted that there was no intention on the part of the officers to justify the non-compliance of court orders. He stated that their apologies were heartfelt and they will never repeat such conduct in the discharge of their official duties. Saraf also pointed out that while earlier the court orders were not complied, they have now been fully complied with as per State Government decision on August 29, 2023. He further emphasized the high-ranking position of Aseem Gupta and sought a lenient approach by the court.

Senior Advocate Milind Sathe for Aseem Gupta submitted an affidavit on Gupta’s behalf explaining the steps taken to comply with the order dated March 2, 2022. He further pointed out that Gupta has never been held guilty of contempt in his official capacity.

Senior Advocate Ashutosh Kumbhakoni, representing the other four officers, also requested the court to take a lenient view and to drop the present proceedings.

Advocate Deshpande for the petitioners also supported the request to drop contempt proceedings.

In light of the sincere apologies and assurances of future compliance with court orders, the court decided to accept the unconditional apologies and undertakings presented by the contemnors. The court resolved not to proceed further with the contempt proceedings and officially closed the matters.

Thus, the court recalled the operative paragraphs in the order dated August 31, 2023, finding the officers guilty of contempt and awarding one month of civil imprisonment.

Case no. – Contempt Petition No. 81 of 2023

Case Title – Ajay Uddhav Narhe & Anr. v. Uttam Patil, Deputy Collector (Rehabilitation) & Ors.

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