APHC010456052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY ,THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 4004/2024 Between: K Sai Krishna ...PETITIONER AND Sri Kona Sasidhar Ias and Others ...CONTEMNOR(S) Counsel for the Petitioner: 1. BUGULU SREETEJA Counsel for the Contemnor(S): 1. T VISHNU TEJA The Court made the following: :: ORDER :: Heard Sri Krishna Murthy, learned Senior Counsel assisted by Mrs. Bugulu Sreeteja, learned counsel for the petitioner. 2. The above contempt case is filed complaining of non-implementation of the order, dated 03.07.2024 passed in W.P.No.12571 of 2024. 3. W.P.No.12571 of 2024 was filed to declare the action of the respondents in not considering the petitioner’s case for promotion as Chief Auditor, due to the pendency of FIR No.02/RCA-ACB-VJA/2021 dated 10.02.2021, in the absence of any charge memo, as illegal and arbitrary. SRS,J C.C.No.4004 of 2024 4. The said writ petition was disposed of on 03.07.2024. The operative portion of the order reads as follows: “Given the facts and circumstances, the Writ Petition is disposed of at the stage of admission with the consent of counsels, directing the respondents to consider the case of the petitioner for promotion as per his eligibility strictly as per Rules, taking into consideration the G.O.Ms.No.66 General Administration (Services-C) Department dated 30.01.1991. No costs.” 5. The above contempt case was listed on 08.11.2024 and adjourned at the request of learned counsel for the petitioner. Thereafter, on 29.11.2024, notice to the respondents was ordered. Again the matter was listed on 03.01.2025. 6. On 02.01.2025, respondent No.2 issued proceedings in Rc.No.EHE05- 11021(38)/1/2024-SER I-IE dated 02.01.2025, promoted one E. Dinakar, Superintendent/Auditor, Office of the Director of Intermediate Education, whose name was approved by DPC as Chief Auditor by transfer. Thereafter, by proceedings in Rc.No.EHE05-11021(38)/1/2024-SER I –IE dated 22.01.2025, the petitioner was informed about the promotion of E. Dinakar, and that his candidature shall be considered for the next higher post as per his eligibility as and when he falls under the zone of consideration. 7. Learned Senior Counsel would submit that the order promoting another person, as well as the intimation to the petitioner about the promotion of the other person were made after the contempt case was filed. He would submit that said act of respondent No.2 is deliberate. 8. Learned counsel for respondents would submit that in pursuance of the order dated 03.07.2024, DPC was conducted. The petitioner’s name is shown in serial No.5 and the name of another person was shown in serial No.2. Since the other person, by name Dinakar is eligible, his candidature has been SRS,J C.C.No.4004 of 2024 considered and recommended by DPC. Thereafter, he was appointed as Chief Auditor and thus, the order, dated 03.07.2024 has not been violated. 9. Thus, as seen from the order, the direction given to the respondents was to consider the case of the petitioner for promotion as per his eligibility strictly as per Rules, taking into consideration the G.O.Ms.No.66 General Administration (Services-C) Department dated 30.01.1991. 10. In pursuance of the said direction DPC was conducted, wherein the names of E. Dinakar and the petitioner were shown at serial Nos.2 and 5 respectively. 11. Based upon the approval of the DPC, E. Dinakar was appointed as Chief Auditor, by proceedings in Rc.No.EHE05-11021(38)/1/2024-SER I-IE dated 02.01.2025. In fact, the petitioner filed W.P.No.581 of 2025, challenging the said proceedings. The contention of learned Senior Counsel that said Dinakar did not possess the requisite qualification is the subject matter of the said writ petition. 12. Since an order was passed, in pursuance of the order, dated 03.07.2024, the order of this Court has been complied with and thus this court doesn’t find any violation of the order. Accordingly, the contempt case is closed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date : 24.01.2025 IKN SRS,J C.C.No.4004 of 2024 291 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 4004 / 2024 Date : 24.01.2025 IKN