Telangana High Court
Dr. K. Mahipal, vs Dr.J.Ajaya Kumar, on 1 May, 2025
THE HON'BLE SMT. JUSTICE T.MADHAVI DEVI
CONTEMPT CASE NO.619 OF 2024
ORDER:
This Contempt Case is filed alleging deliberate and
wilful disobedience of the directions of this Court in I.A.No.1
of 2023 in W.P.No.24772 of 2023, dated 08.09.2023.
2. The interim direction of this Court was to the
respondents to review the subject panel considering the case
of the petitioner for promotion to the post of Civil Surgeon
Specialist without reference to the Charge Memo dated
12.07.2023, within a period of two weeks from the date of
receipt of a copy of the order. Along with the order of this
Court, the petitioner has made several representations dated
15.09.2023 and 09.10.2023. However, alleging no action on
the part of the respondents and therefore non-compliance of
the directions of this Court, this Contempt Case has been
filed.
3. Learned Standing Counsel for the respondent
No.1 has filed a counter affidavit to the contempt petition
stating that after receipt of the representation of the
petitioner dated 09.10.2023, the respondents could not take
immediate action as there was a model code of conduct on
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account of the General Assembly Elections in Telangana
State from 09.10.2023 to 04.12.2023. It is submitted that
thereafter the Commissioner, Telangana Vaidya Vidhana
Parishad (TVVP) has submitted the proposals for conduct of
review of promotions and the petitioner was promoted vide
G.O.Rt.No.519, dated 04.09.2024 and posted at Area
Hospital, Deverakonda, Nalgonda District, in the existing
vacancy and he was relieved on 20.09.2024. It is stated that
during the general transfers 2024, only one Anaesthetist
who was working at Area Hospital, Deverakonda, was
transferred and posted to an other TVVP Hospital and at
present there was no doctors working at Area Hospital,
Deverakonda in any cadre i.e., Civil Surgeon
Specialist/Deputy Civil Surgeon Specialist and Civil
Assistant Surgeon Specialist in Anaesthesia Department
and therefore, the services of the senior most Anaesthetist
were required for conducting each and every surgery
(Gynec/General) at Area Hospital, Deverakonda, Nalgonda
District, to serve the poor. Whereas the District Hospital,
Gajwel, Siddipet District, already has three Anaesthetists
were working in different cadres. When these facts were
brought to the notice of this Court, the learned counsel for
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the petitioner had submitted that the respondents have
wilfully and deliberately posted the petitioner to Area
Hospital, Deverakonda, Nalgonda District, for having filed
the writ petition before this Court. Therefore, this Court had
directed the respondents to submit the procedure adopted
by them and also to give the petitioner options available for
posting him to a station. The petitioner was given the facility
of giving the options and thereafter, it was reported that the
petitioner has given the option of only District Hospital,
Gajwel, Siddipet District and it was not possible to
accommodate him at the said place since he has completed
five years of service in the said place and there were three
other Anaesthetists working in the said area in different
cadre.
4. Learned Government Pleader for respondent No.2
has also filed a counter affidavit stating the above and the
procedure of the Selection Committee is also filed before this
Court to demonstrate that the procedure has been followed
by the respondents in implementation of the directions of
this Court and that there is no delay on their part.
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5. Learned counsel for the petitioner, on the other
hand, relied upon the judgment of the Hon'ble Supreme
Court in the case of M/s.Sitaram Enterprises Vs.
Prithviraj Vardichand Jain in Contempt Petition (Civil)
Nos.198-199 of 2024 in Special Leave Petition (Civil)
Nos.12083-12084 of 2023, to submit that "Contempt of
Court is a serious legal infraction that strikes at the very soul
of justice and the sanctity of legal proceedings" and
therefore, the contemnor should be dealt with strictly.
6. Having regard to the rival contentions and the
material on record, this Court finds that the respondents
have considered the case of the petitioner and have
promoted the petitioner to the post of Civil Surgeon
Specialist on 04.09.2024. The grievance of the petitioner is
that there has been considerable delay in the
implementation of the directions of this Court and that the
respondents have not complied with the directions unless
the Contempt Case has been filed by the petitioner. The
further grievance of the petitioner is that he has been posted
at Deverakonda and not at Gajwel, Siddipet District as per
his choice. This Court finds that the respondents were
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prevented by reasonable cause in implementing the
directions of this Court immediately after passing of the
order due to General Assembly elections in the Telangana
State. However, subsequent thereto and that too after filing
of the contempt case, the respondents have taken almost a
period of six months in promoting the petitioner. The cause
for the delay has not been satisfactorily explained by the
respondents. This Court is therefore of the opinion that
there was laxity on the part of the respondents in complying
with the directions of this Court. Therefore, warning the
respondents to be more responsible in future, this Court
deems it fit and proper to close the Contempt Case as this
Court does not find any reason to interfere with the order of
posting of the petitioner to the Area Hospital, Deverakonda,
as it is the discretion to be exercised by the respondents,
particularly when the petitioner has not given any other
option but Gajwel, where the vacancy is not available and
that the petitioner had already worked there for a period of
five years.
7. Accordingly, the Contempt Case is closed. There
shall be no order as to costs.
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8. Miscellaneous applications, if any pending, shall
also stand closed.
____________________________
JUSTICE T.MADHAVI DEVI
Date: 01.05.2025
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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI
CONTEMPT CASE NO.619 OF 2024
Date: 01.05.2024
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