Andhra Pradesh High Court - Amravati
M.Srinivasulu Naidu, vs Sri S.H.Rasheed, on 29 November, 2021
Bench: C.Praveen Kumar, The Honourable Justice
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
CONTEMPT CASE No.999 of 2021
ORDER:-
The present Contempt Case is filed under Sections 10
to 12 of the Contempt of Courts Act, 1971, to punish the
respondents, for willful and deliberate violation of the Order,
dated 03.02.2020, passed in W.P.No.36301 of 2018, which is
as under:
" ...directing the 1st respondent to take further action and
pass appropriate orders regularizing the suspension period
of the petitioner and granting consequential benefits, keeping
in view the judgment referred above and also the fact that
the petitioner was acquitted from criminal case.
The writ petition, with the above direction, is disposed
of...."
2. When the matter is taken up for hearing today,
Sri Santhapur Satyanarayana Rao, learned counsel for the
petitioner placed on record a Memo, dated 16.11.2021,
issued by the concerned, which reads as under:
"In the reference 11th cited, orders were issued to
Sri M. Srinivasulu Naidu, Ex-AE/O/RURALS
Section/Nandikotkur dropping further action in C.C.No.23 of
2015 and regularizing the suspension period from 28.05.2014
to 26.07.2015 as leave which he is eligible limiting the pay and
allowance to the subsistence allowance already paid subject to
outcome of criminal appeal No.1388 of 2017 pending in Hon'ble
High Court of Andhra Pradesh.
2. During the hearings held on 09.11.2021 in C.C.No.999
of 2021, the Hon'ble High Court of A.P. has observed that in
absence of any order in Criminal Appeal, prima-facie there is no
justification to withhold the payments as ordered in the writ
petition.
3. In view of the above, the Chairman and Managing
Director/APSPDCL, who is the disciplinary authority has
reconsidered the issue and decided to treat the period of
suspension from 28.05.2014 to 26.07.2015 as spent on duty,
subject to outcome of criminal Appeal No.1388 of 2017 pending
in the Hon'ble High Court of Andhra Pradesh.
4. Accordingly, in continuation to the orders issued in the
reference 11th cited, it is ordered that, the suspension period
from 28.05.2014 to 26.07.2015 undergone by Sri M. Srinivasulu
Naidu, Ex-AE/O/Rural Section/Nandikotkur, Kurnool District
(Now Dy.EE/Operation/Kalyandurgam) is treated as spent on
duty with a condition that the same will be reviewed basing on
the outcome of pending criminal Appeal No.1388 of 2017 before
Hon'ble High Court of Andhra Pradesh".
3. Since the order impugned in this case has been
complied with, the Contempt Case is closed. There shall be
no order as to costs.
Miscellaneous petitions pending, if any, in this
Contempt Case shall stand closed.
_______________________________
JUSTICE C.PRAVEEN KUMAR
Date: 29.11.2021
MS
THE HONOURABLE SRI JUSTICE C.PRAVEEN KUMAR
CONTEMPT CASE No.999 of 2021
Date: 29.11.2021
MS
