Andhra Pradesh High Court - Amravati
G M Sreedhar vs Karikala Valavan on 22 March, 2022
HON'BLE SRI JUSTICE A.V.SESHA SAI
&
HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
CONTEMPT CASE No.182 of 2021
ORDER: (Per Hon'ble Sri Justice A.V.Sesha Sai)
Heard Sri G.R.Sudhakar, learned counsel for the
petitioner, and Sri Aswartha Narayana, learned Government
Pleader for Services-I for the respondents.
2. This Contempt Case is filed under Sections 10 to 12
of the Contempt of Courts Act, alleging willful disobedience of
the order dated 29.11.2019 passed by this Court in
W.P.No.19234 of 2019.
3. The petitioner herein filed O.A.No.2336 of 2018 on
the file of Andhra Pradesh Administrative Tribunal. The
Tribunal passed an interim order on 11.10.2018 directing the
respondents to consider the representation of the applicant
dated 09.07.2018 regarding assigning notional seniority in
the cadre of Deputy Director by regularizing his period of
suspension and consequential request for promotion to the
post of Junior Director and further directed the respondents
to pass appropriate orders, within a period of eight (08) weeks
from the date of receipt of copy of the said order.
4. Complaining the non-implementation of the said
order, the petitioner herein approached this Court by way of
W.P.No.19234 of 2019.
5. A coordinate bench of this Court vide order dated
29.11.2019 disposed of the said writ petition, directing
implementation of the aforesaid interim order within a period
of two (02) months from the date of communication of the
order in the said writ petition. Alleging non-implementation of
the said order, the present contempt case is filed.
6. Responding to the notices issued by this Court, a
counter-affidavit deposed by the Special Chief Secretary to
Government &CIP Industries and Commerce Department is
filed. Paragraphs - 9 and 10 of the said counter-affidavit read
as follows:
"9. In the Memo.No.10812/Estt./A1/2017, dated
10.01.2020, the 1st respondent directed the 2nd respondent to
take immediate necessary action in the matter as per rules in
force in the first instance and submit report to the Hon'ble
APAT/APHC under marking a copy to Government.
Accordingly, the 2nd respondent issued proceedingsNo.22/
2018/1031, Dt. 04.04.2021, regularizing the suspension
period of the petitioner from 06.07.2021 to 03.03.2004 by
sanctioning (90) days of HPL and (882) days of EOL comes
on private affairs in terms of FR 54 B(7). The petitioner filed
Contempt Case No.182/2021 in W.P.No.19234/2019 for not
implementing the orders of Hon'ble High Court.
10. The 1st respondent vide Govt.Memo.No. 10812/
Estt/A1/2017, Dt.03.07.2021 directed the 2nd respondent to
fix the notional seniority of the petitioner, as per rules, in the
cadre of Deputy Director, as he is the competent authority to
fix the seniority in the DD cadre. The 2nd respondent issued
speaking orders to the petitioners vide his Memo.No.22/
2018/1031, Dt. 14.09.2021 stating that the matter of
seniority of the petitioner shall be taken up after conclusion
of the criminal proceedings pending against him, as per rules
in vogue, since charge sheet is filed against the petitioner in
the Hon'ble Spl.Judge for SPE & ACB Cases,
Rajamahendravaram and judgment is still awaited."
7. As the 2nd respondent herein issued speaking orders
vide Memo No. 22/2018/1031, Dt. 14.09.2021 with regard to
the second limb of the order also while implementing the first limb
of the order, the contempt case is closed, however, with a liberty to
the petitioner to assail the said speaking orders darted 14.09.2021.
As a sequel, pending miscellaneous petitions, if any,
stand closed. Interim Orders, if any, stand vacated.
_________________________
JUSTICE A.V.SESHA SAI
_______________________________
JUSTICE RAVI CHEEMALAPATI
Dt: 22.03.2022.
RR
HON'BLE SRI JUSTICE A.V.SESHA SAI
&
HON'BLE SRI JUSTICE RAVI CHEEMALAPATI
(Per Hon'ble Sri Justice A.V.Sesha Sai)
CONTEMPT CASE No.182 of 2021
Dt: 22.03.2022
RR
