THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
CONTEMPT APPEAL No.13 of 2023
JUDGMENT: (Per the Hon'ble the Chief Justice Alok Aradhe)
Mr. Andapalli Sanjeev Kumar, learned Special
Government Pleader for the appellant.
Mr. G.Sethu Madhava Rao, learned counsel for
respondent No.1.
2. With the consent of the parties, the contempt appeal
is heard finally.
3. This contempt appeal under Section 19 of the
Contempt of Courts Act, 1971, is filed against the order
dated 23.08.2023 passed by the learned Single Judge in
C.C.No.2159 of 2022 by which the appellant has been
sentenced to pay a sum of Rs.2,000/- within a period of
four weeks. It has further been directed that in default of
payment of the fine amount, the appellant shall suffer
simple imprisonment for a period of one month.
2
4. Facts
giving rise to filing of this contempt appeal briefly stated are that respondent No.1 was working as a Junior Assistant in the Government Model Degree College, Kalwakurthy, Nagarkurnool District. The services of respondent No.1 were terminated by an order dated 05.08.2022. Respondent No.1 challenged the aforesaid order in a writ petition, namely W.P.No.35873 of 2022. The learned Single Judge, by an order dated 19.09.2022, set aside the aforesaid order. However, liberty was given to the Regional Joint Director of Collegiate Education to pass appropriate orders in accordance with law. However, by an order dated 28.03.2023, respondent No.1 was reinstated into service with effect from 05.08.2022 and the period between 05.08.2022 to 26.10.2022 was treated as on duty.
5. Respondent No.1 filed a petition under Section 10 of the Contempt of Courts Act on the ground that the appellant has wilfully disobeyed the order dated 19.09.2022 passed by the learned Single Judge in W.P.No.35873 of 2022. The learned Single Judge found that the services of respondent No.1 were reinstated only 3 after the notice in the contempt proceedings was served and therefore there appears to be a deliberate attempt on the part of the appellant to adopt tactics to circumvent the directions of the Court. Accordingly, a fine of Rs.2,000/- was imposed and in default of payment of fine, the appellant was directed to undergo simple imprisonment for a period of one month. In the aforesaid factual background, this contempt appeal has been filed.
6. Learned Special Government Pleader for the appellant submitted that the order passed by the learned Single Judge was complied with. However, it is fairly submitted that there was a delay in compliance with the directions contained in the order due to circumstances beyond the control of the appellant.
7. On the other hand, learned counsel for respondent No.1 has supported the order passed by the learned Single Judge.
8. We have considered the rival submissions made on both sides and have perused the record. 4
9. From a perusal of the record, there appears to be no element of wilful disobedience of the order dated 19.09.2022 on behalf of the appellant. The directions contained in the order dated 19.09.2022 have been complied with.
10. In the absence of any wilful disobedience of the order, the imposition of fine of Rs.2,000/- cannot be sustained in the eye of law. The impugned order is, therefore, set aside and the contempt proceedings initiated against the appellant are quashed.
11. In the result, the contempt appeal is allowed.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ ALOK ARADHE, CJ ______________________________________ N.V.SHRAVAN KUMAR, J 31.10.2023 vs