High CourtsSingle Bench(2024) 01 AP CK 0003

RasamsettiHemaprakash vs BudithiRajasekhar & Others

Andhra Pradesh High Court · Decided on 2 January 2024

HON’BLE JUDGES
Gannamaneni Ramakrishna Prasad, J
RESULT
Disposed Of
CASE NUMBER
Contempt Case No. 3881 Of 2023

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

10 paragraphs · 463 words

Gannamaneni Ramakrishna Prasad, J

1.

Heard Sri Akula Sai Krishna Bhargav, Learned Counsel appearing on behalf of Sri P. Durga Prasad, Learned Counsel for the Contempt Petitioner, Sri V. Ramesh, Learned Government Pleader for Services-IV appearing for Respondent Nos.1, 2, 3 & 5 and Sri G. Srinivasula Reddy, Learned Standing Counsel appearing for the Contemnor/Respondent Nos.4 and 6.

2.

This Contempt Case has been filed by the Writ Petitioner in W.P.No.14039 of 2023, complaining non-compliance of the Interim Order passed by this Court dated 16.06.2023.

3.

On perusal of the Interim Order dated 16.06.2023, it transpires that the Impugned Proceedings in Writ Petition dated 31.05.2023 have been suspended. Learned Counsel for the Contempt Petitioner would submit that, despite the fact that the Impugned Proceedings have been suspended by this Court, the Official Respondents have neither permitted the Writ Petitioner to join the services of the Respondents at Machilipatnam nor have paid the monthly salary from the date of Impugned Proceedings dated 31.05.2023. He would submit that till date, the Writ Petitioner was not permitted to join the services.

4.

By Order dated 03.08.2023, this Court was pleased to issue Notice to the Respondents/Contemnors, returnable in four weeks. Respondent Nos.3 and 4 have filed Counter Affidavits in the Contempt Case dated 15.11.2023 and 17.10.2023 respectively. Respondent No.4 is the Chief Executive Officer of Praja Parishad, Machilipatnam. It is stated in Para No.6 of the Counter Affidavit dated 17.10.2023 that the Petitioner herein was relieved at forenoon of 01.06.2023 and that another person by name Sri Md. Abbas, Senior Assistant has joined in place of the Writ Petitioner on 01.06.2023. It is only stated in the Counter Affidavit that : “if the chain link of transfers issued in the proceedings dated 31.05.2023 will be cancelled, all the other 19 employees will be effected and irreparable lose and hardship to them for its effect”. It is also stated that the Petitioner did not prefer any Appeal before the Appellate Authority.

5.

Having perused the Counter Affidavit, this Court is not satisfied with the explanation given by the Contemnor/Respondent No.4. Hence, the explanation given by the Respondent No.4 is rejected. This Court, therefore, is of the view that the Respondent No.4 has wilfully disobeyed the Order of this Court dated 16.06.2023 in W.P.No.14039 of 2023.

6.

In this view of the matter, the Respondent No.4 is guilty of contempt of the Order passed by this Court dated 16.06.2023. Accordingly, he shall undergo civil imprisonment for a period of one (1) month.

7.

Respondent No.4 shall surrender before the Registrar (Judicial), High Court of Andhra Pradesh, Amaravati for undergoing period of sentence on or before 5.00 P.M today.

8.

Accordingly, this Contempt Case is disposed of.

9.

Interlocutory Applications, if any, stand closed in terms of this order.