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2025 DAILYLAW 26921 (AP)

SRI KANTHILAL DANDEY IAS v. B VASANTHA

CA/167/2024 · 2025-02-04

Harinath N, R Raghunandan Rao

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO AND HONOURABLE SRI JUSTICE HARINATH.N CONTEMPT APPEAL Nos.166 and 167 of 2024 CONTEMPT APPEAL No.166 of 2024 Contempt Appeal filed under Section 19 of Contempt of Courts Act, aggrieved by the Orders dated 09.08.2024 passed in C.C.No.1684 of 2023 by the Learned Single Judge in imposing sentence to the appellant to undergo simple imprisonment for a period of 2 months and directing the appellant to pay a fine of Rs.2,000/- (Rupees Two Thousand Only). Between; Sri S Srinivas, Engineer-in-Chief (FAC), Tribal Welfare, Murali Fortune Road, Siddartha Nagar, Labbipeta, Vijayawada-520010, Krishna District. ...APPLICANT/CONTEMNOR N0.2/RESPONDENT N0.2 AND B Vasantha, W/o Panthulya, Age 45 years. Incharge Executive Engineer Tribal Welfare Division, Tribal Welfare, Nellore District. ...RESPONDENT/PETITIONER/WRIT PETITIONER Sri Kanthilal Dandey, IAS, Principal Secretary, Tribal Welfare, AP Secretariat, Velagapudi, Amaravathi, Guntur District. ’■■'A' ...RESPONDENT/ RESPONDENT (Respondent No.2 herein is the proforma party in appeal) lA NO: 2 OF 2024 Petition under Section 19(2)(a) of Contempt of Courts Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order dated 09.08.2024 passed in C.C.No.1684 of 2023 in imposing sentence to the appellant to undergo simple imprisonment for a period of 2 months and directing the appellant to pay a fine of Rs.2,000/- (Rupees Two Thousand Only). Counsel for the Appellant : SRI KIRTHI TEJA KONDAVEETI Counsel for Respondent No.1: SRI P V RAMANA CONTEMPT APPEAL No.167 of 2024 Contempt Appeal filed under Section 19 of Contempt of Courts Act, aggrieved by the Orders dated 09.08.2024 passed in C.C.No.1684 of 2023 i by the Learned Single Judge in directing the appellant herein to pay a fine of 4 Rs.2,000/- (Rupees Two Thousand Only). Between; Sri Kanthilal Dandey, IAS, Principal Secretary, Tribal Welfare, AP Secretariat, Velagapudi, Amaravathi, Guntur District. ...APPELLANT/CONTEMNOR N0.1/RESPONDENT NO.1 AND B Vasantha, W/o Panthulya, Age 45 years. Incharge Executive Engineer, i Tribal Welfare Division, Tribal Welfare, Nellore District. ^ \ ...RESPONDENT/PETITIONERMRIT PETITIONER Sri S Srinivas, Engineer-in-Chief (FAC), Tribal Welfare, Murali Fortune Road, Siddartha Nagar, Labbipeta, Vijayawada-520010, Krishna District. ...RESPONDENT/RESPONDENT N0.2/RESP0NDENT N0.2 (Respondent No.2 herein is the proforma party in appeal) lA NO: 2 OF 2024 Petition under Section 19(2)(a) of Contempt of Courts Act praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of order dated 09.08.2024 passed in C.C.No.1684 of 2023 in imposing sentence to the appellant in directing the appellant to pay a fine of Rs.2,000/- (Rupees Two Thousand Only). ^ : SRI KIRTHI TEJA KONDAVEETI Counsel for the Appellant Counsel for Respondent No.1: SRI P V RAMANA The Court made the following COMMON JUDGMENT : APHC010382472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE HARINATH.N CONTEMPT APPEAL Nos.166 & 167 of 2024 CONTEMPT APPEAL NO: 166/2024 [3488] Between; ...APPLICANT Sri S Srinivas AND ...RESPONDENT(S) B Vasantha and Others Counsel for the Applicant: 1.KIRTHI TEJA KONDAVEETl Counsel for the Respondent{S): 1.P V RAMANA CONTEMPT APPEAL NO: 167/2024 Between; Sri Kanthilal Dandey las ...APPLICANT AND ...RESPONDENT(S) B Vasantha and Others Counsel for the Applicant; 1.KIRTHI TEJA KONDAVEETl Counsel for the Respondent(S); 1.PV RAMANA / 2 The Court made the following Common Judgment: The respondent herein had moved W.P.No.27462 of 2021 being aggrieved by the non-finalization of the seniority list for Assistant Engineers/ Assistant Executive Engineers/Deputy Executive Engineers and other higher categories in the Tribal Welfare Department, due to which her promotion was being stopped. A Learned Single Judge of this Court, by an Order dated 19.09.2022, had disposed of the Writ Petition, directing the respondent authorities to finalize the seniority list of all the above categories as expeditiously as possible but not more than four months from the date of receipt of this Order. (perHon'bie Sri Justice R. Raghunandan Raoj As the seniority list was not finalized, even after the lapse of four months, after receipt of the Order, the respondent herein had moved Contempt Case No. 1684 of 2023 before the Learned Single Judge. After hearing both sides, the Learned Single Judge held that the appellant herein was in violation of the directions of the Court and had sentenced him to undergo simple imprisonment, for a period of two months and for payment of fine Rs.2000/-. The appellant in C.A.No.167 of 2024 was sentenced to fine of Rs.2000/-. 2. Aggrieved by the said Order, both the appellants had moved the above Contempt Appeals. 3. The appellant in C.A.No.166 of 2024, as well as the appellant in C.A.No.167 of 2024, sought to purge themselves of contempt committed by them and had taken steps for finalization and release of the seniority list for the posts of Assistant Engineers/Assistant Executive Engineers/Deputy Executive Engineers and Superintending Engineers, in the Tribal Welfare Department. 4. In that view of the matter, the learned counsel for the appellants subnilts that a lenient view be taken when the appeals are allowed in view of the compliance of the directions of the Court. 5. \ f''- I / 3 6. Before disposing of these Appeals, it is necessary for this Court to notice the conduct of the appeiiant in C.A.No.166 of 2024. These Contempt compliance of the directions of C.A.No.166 of Appeals, was adjourned 12 times for ensuring Learned Single Judge. The conduct of the appellant, in obstructive to say the least. It now appears that the appellant has for getting enquires pending against him to be the 2024, was also moved a Writ Petition counsel for the respondent has made various in which the Writ Petition has been filed. finalized. Though, learned submissions in relation to the manner in do not propose to go into these issues as disposed of by a Learned Single Judge of this Court. the said matter has already been we would not have accepted the In the normal course, compliance of the directions of this Court as a ground for exonerating the appellant. However, since this Court had granted time to the appeiiant in we 7. himself of the Contempt, it would not be C.A.No.166 of 2024 for purging appropriate for this Court to go further in the matter. In the circumstances, these Contempt Appeals are allowed with a caution to the appellant in C.A.No.166 of 2024 not to defy the Orders of this 8. E.KAMESWARA RAO JOINT REGISTRAR Court. SD/- //true copy// SECTION OFFICER To Pradesh at Amaravathi. „,o panthulya, Age 45 years. Incharge Executive inn Tribal Welfare, Nellore District. The Registrar (Judicial), High Court of Andh 1 2. BVasantha Engineer Tribal Welfare Division / / 3. Sri Kanthilal Dandey, IAS, Principal Secretary, Tribal Welfare, AP Secretariat, Velagapudi, Amaravathi, Guntur District. r Sri S Srinivas, Engineer-in-Chief (FAC), Tribal Welfare, Murali Fortune Road, Siddartha Nagar, Labbipeta, Vijayawada-520010, Krishna District. 4. 5. One CC to Sri Kirthi Teja Kondaveeti, Advocate [OPUC] 6. One CC to Sri P V Ramana, Advocate [OPUC] Three CD Copies 7. TK TAC HIGH COURT TDATE0:04/02/2025 COMMON JUDGMENT CA.Nos.166 & 167 of 2024 g H FEB 2025 . Current Section . ^ ALLOWING THE CONTEMPT APPEALS