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2025 DAILYLAW 12978 (AP)

YAKASIRI SIVA NAGA SAI DHEERAJ v. M LAKSHMI NARAYANA

CC/2001/2024 · 2025-06-15

Gannamaneni Ramakrishna Prasad

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Judgment text

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1 APHC010154232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 2001 OF 2024 Between: 1.YAKASIRI SIVA NAGA SAI DHEERAJ, S/O LATE Y. VENKATESWARA RAO, AGED 30 YEARS, BB HEIGHTS,2ND FLOOR, 47-10-17/3, PULLETIKATTA ROAD. ADJACENT TO CHINNA RICE MILL, GUNADALA CENTRE, VIJAYAWADA - 520004. ANDHRA PRADESH. ...PETITIONER AND 1.M LAKSHMI NARAYANA, CHIEF ENGINEER AND MANAGING DIRECTOR, ANDHRA PRADESH IRRIGATION DEVELOPMENT CORPORATION, GOVERNORPETA, VIJAYAWADA. 2.N MOHAN RAO, DIRECTOR, TREASURIES AND ACCOUNTS, 1ST FLOOR NIDHI BHAVAN, MANGALAGIRI, GUNTUR. ...CONTEMNOR(S): Counsel for the Petitioner: 1.G SRI HARSHA Counsel for the Contemnor(S): 1.G RAJU 2.MALLIPUDI DHANA RAJU SC for APIDC Ltd. 2 The Court made the following ORDER: Heard Sri G.Sri Harsha, Learned Counsel for the Petitioner and Sri A.V.Kondaiah, Learned Counsel representing on behalf of Sri V.Raja Manohar, Learned Standing Counsel for the Respondent No.1. 2. This Contempt Case is filed against the two Respondents complaining of willful violation of the interim directions of this Court vide Order dated 19.03.2024. 3. Para Nos. 4, 5 and 6 of the Order dated 19.03.2024 in W.P. No.7126 of 2024 reads as under: “4. Accordingly, there shall be a direction, suspending Impugned Proceedings dated 19.02.2024 and 15.03.2024 until further orders. 5. Let Counter-Affidavit be filed within three weeks. Two weeks thereafter, for filing Re-joinder, if any. 6. Since the Counsel for the Respondent Nos.3 and 5 did not appear in this Court today, Learned Counsel for the Writ Petitioner is directed to convey the gist of this Order to the Learned Counsel for the Respondents, by way of an e-mail.” 4. It is the case of the Petitioner that despite the interim protection granted by this Court on 19.03.2024, the Writ Petitioner has been removed from the service. As this Court has ordered notice on 19.04.2024, the Respondents have filed their Counter-Affidavit on 02.08.2024. 5. Para No.7 of the Counter-Affidavit filed by the Respondent No.1 reads as under: “I submit that, the one month's notice period to the petitioner was completed on 19-03-2024. After completion of notice period, the probation of the petitioner was terminated w.e.f. 19-03-2024 AN as per Rules 17 (a) (ii) & 20 of A.P State and Subordinate Service Rules, 1996 and 21 (i) (a) of Staff Regulations of APSIDC vide Memo No. IDC/MD/HRD/AM/PF/Sri YSNS Dheeraj/2023-24/1840 / Dt: 19-03-2024. The 1st 3 respondent in the contempt case has no information on 19-03-2024 that, the petitioner has approached Hon'ble High court on notice of termination of his probation Dt: 19-02-2024. As per the rules, the 1st respondent in the contempt case has terminated and discharged the petitioner w.e.f. 19-03-2024 AN. The petitioner has handed over the copy of Hon'ble High court interim directions Dt: 19-03-2024 to the 1st respondent in the contempt case on 20-03-2024.” 6. The above extract would indicate that the Notice of termination of Probation of the Petitioner was served on the Petitioner on 19.02.2024 and that as per the rules, the one month’s notice period got completed on 19.03.2024 itself, which is also the day on which this Court had passed the interim Order. It is stated that even before the receipt of information with regard to the passing of the interim Order, the services of the Petitioner stood terminated. Therefore, it is stated by the Respondents that non-compliance of the interim Order is neither willful nor deliberate. 7. This Court, having considered the above Contempt Case, is of the opinion that the Respondents have not committed any act of disobedience of the Order of this Court much less either willfully or deliberatly. The Writ Petitioner ought to have been diligent in approaching this Court much earlier to secure an Interim Order of this nature in his own interest. 8. In this view of the matter, this Court is of the view that there is no cause of action in the present Contempt Case. 9. Accordingly, this Contempt Case is dismissed. No order as to costs. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:16.06.2025 MNR 4 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE No.2001 OF 2024 Dt.16.06.2025 Mnr