Item No.49
THE HON'BLE THE CHIEF JUSTICE HIMA KOHLI
AND
THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
C.A.No. 5 OF 2010
JUDGMENT: (Per the Hon'ble the Chief Justice Hima Kohli)
1. The appellant is aggrieved by an order dated 05.10.2010,
passed by the learned Single Judge holding him guilty of the contempt
of the undertaking given by his counsel to the court, as recorded in the
order dated 15.06.2009, passed in W.P.No.9225 of 2009.
2. At the relevant point in time, the appellant was working as a
Station House Officer, Naryanguda Police Station. The respondent
No.1/Society and the respondents No.2 to 6/Members of the respondent No.1/Society had approached the learned Single Judge with a grievance that the appellant had violated the statement recorded by the learned Assistant Government Pleader for Home that the police were not interfering in the civil disputes between the Secretary and Members of the Society. The respondents No.1 to 6/writ petitioners claim that the appellant had unduly interfered in the affairs of the Society on 20.03.2010, when the General Body Meeting was conducted.
3. Noticing the facts of the case, the learned Single Judge had opined that the appellant had sufficient experience at hand, he was not naive enough not to understand the scope of the request made to him by the Secretary of the Society for assistance, under the garb of C.A.No.5 of 2010 Page 1 of 3 disturbance of public order and that he had tried to interfere in the internal affairs of the Society and gain an upper hand over some of the Members of the Society. As a result, a sentence of Rs.5,000/- was imposed on the appellant.
4. Mr. B.Adinarayana Rao, learned Senior Advocate appearing for the appellant submits that though it has been recorded in the impugned order that the appellant was trapped in an ACB case, kept under suspension and later on, dismissed from service on 06.03.1997, when the order passed by the trial court was taken in appeal, the said order was quashed and set aside and the appellant was reinstated in service. He states that the appellant has not faced any contempt proceedings in his career and had honourably superannuated on the post of Additional Deputy Commissioner of Police in the month of June, 2019. All the same, the appellant is willing to contribute to a social cause if the court would be so inclined.
5. After some discussion, it has been agreed that the appellant would visit the Home for the Aged situated at Musheerabad and host a meal for the senior citizens/ residents of the said Home on a Sunday. Besides hosting a meal, the appellant shall spend some time with the residents of the Home, which, in our opinion is more valuable than spending money. It is therefore, directed that apart from the meal that the appellant shall host for the residents of the Old Age Home at Musheerabad, on a Sunday, he shall spend one hour on every Saturday and Sunday, for the next three months with the residents of C.A.No.5 of 2010 Page 2 of 3 the Old Age Home. The In-charge of the Home shall mark his attendance and after he completes three months, a Report shall be submitted to this court confirming completion of the period of service imposed on the appellant. It shall also be confirmed that he had hosted a meal for the residents of the Old Age Home, as offered by him.
6. The present appeal is closed along with the pending applications, if any, while quashing the sentence of Rs.5,000/- imposed on the appellant. A copy of this order shall be forwarded directly to the NGO concerned for perusal and compliance. In the event the Report of the NGO is not placed on record, the Registry shall place the matter back before this court for appropriate orders.
_________________ HIMA KOHLI, CJ ______________________ B.VIJAYSEN REDDY, J 12.07.2021 Lrkm/Pln C.A.No.5 of 2010 Page 3 of 3