Ch. A.V. Prasad vs G. Shankar Rao, Registrar, Jawaharlal Nehru Technological University

AR. Lakshmanan, C.J.—Heard both sides.

This Contempt Petition has been filed to punish the respondent Shri G. Shankar Rao, the Registrar of Jawaharlal Nehru Technological University (since retired) alleging that he has deliberately disobeyed the order dated 20-11-1996 passed by this Court in W.A.Nos. 955 of 1996 and 963 of 1996 and did not implement the same. While passing the order dated 20th November, 1996, this Court issued the following direction:

"The direction issued by the learned single Judge to appoint the Writ petitioner-respondent as Printing Press Operator forthwith in place of the appellant in Writ Appeal No. 955 of 1996, however, has to be modified in the light of the observations above and a direction has to issue to consider the case of the writ petitioner-respondent for such appointment or appointment in any other suitable post available with the University, as in his case the direction issued by the Bench of this Court in Writ Petition No. 1380 of 1990 has obviously been not carried out. With the modification in the direction issued by the learned Single Judge as above, the two appeals are dismissed with costs".

A counter-affidavit was filed in the contempt case. Para 4 of the same is relevant for the purpose of appreciating the contention of the respondent herein.

"It is respectfully submitted that the feasibility of appointing the petitioner in any suitable post was also considered and as on date there being no notified vacancy available in the University the petitioner was informed that his case would be considered on preferential basis on his making application to the notified post subject to his fulfilling other requisite qualifications. The above decision of the University was communicated to the petitioner vide proceedings dated 2-9-1997."

At the time of hearing, Shri Kodanda Ram, learned counsel for the respondent has placed before us the above proceeding issued in Memo No. C5/21961/1997, dated 2-9-1997 which is placed on record. The last paragraph of the proceeding reads as follows:

"In obedience to the observations of the learned Division Bench of the Honorable High Court in Writ Appeal Nos. 955 and 963 of 1996, Sri Ch.A.V. Prasad''s case will be considered for appointment in any other suitable post available with the university as and when the University notifies the vacancies and Ch.A.V. Prasad makes application(s) in response to the notification and subject to his fulfilling the qualifications prescribed for the post(s) that he applies for and subject to rules of reservation in force as per the Government orders issued from time-to-time ."

It is also represented that the respondent-Registrar of the University G. Shankar Rao has retired. This apart, the costs of Rs. 5,000/- imposed by this Court on the respondent have also been paid. The respondent has also in his counter-affidavit regretted for the lapse on his part and offered unconditional apology and prayed this Court to condone his inadvertent lapses. It is also stated in Para 6 that the respondent has utmost regard and respect for this Court and the delay caused in carrying out the orders of this Court was neither wilful nor wanton. We feel that the apology now tendered appears to be genuine and therefore we accept the same and discharge the respondent from contempt proceedings. However, the University-authorities shall comply with the undertaking given in Para 4 of the counter-affidavit and also as stated in Memo No. C5/21961/1997 dated 2-9-1997. The said proceeding will form part of the record in the contempt case.

Subject to the observations made above, the contempt case is closed.