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2025 DAILYLAW 35919 (AP)

M.L. NARASIMHA RAO v. MUKESH KUMAR MEENA IAS

CC/4719/2024 · 2025-07-28

Venkateswarlu Nimmagadda

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010578882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 4719/2024 Between: 1. M.L. NARASIMHA RAO, S/O. LATE M.CH. KRISHNA RAO, AGED 66 YEARS, RETIRED AS SUB- INSPECTOR (P AND E) PRAKASAM DISTRICT, R/O. FLAT NO. 302, SRI BRAHMARI HOMES, 2ND LANE, VIDYA NAGAR, PATTABIPURAM, GUNTUR DISTRICT ...PETITIONER AND 1. MUKESH KUMAR MEENA IAS, PRINCIPAL SECRETARY/SPECIAL CHIEF SECRETARY, REVENUE (EXCISE) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, A.P. 2. SRI NISHANT KUMAR IAS, THE COMMISSIONER PROHIBITION AND EXCISE DEPARTMENT, PRASADAMPADU, VIJAYAWADA, N.T.R. DISTRICT, A.P. 3. SRI K SRINIVAS, THE DEPUTY COMMISSIONER, PROHIBITION AND EXCISE DEPARTMENT, GUNTUR DISTRICT, A.P. ...CONTEMNOR(S): Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to may be pleased to summon the Respondents herein and punish the Respondents for willfully disobeying the orders of this Honble court made in WP.No.64 of 2023, dated 03-01-2023, under sections 10 to 12 of the Contempt of Courts Act and pass Counsel for the Petitioner: 2 1. BUGULU SREETEJA Counsel for the Contemnor(S): 1. G RAJU The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 4719/2024 ORDER: Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. Learned counsel for the petitioner submits that this court passed an order 03.01.2023 in W.P.No.64 of 2023, which is extracted hereunder: “Having regard to the submissions made by both the counsels this Hon’ble Court is of the opinion that this petition can be disposed of directing the 2nd respondent and 3rd respondent here in to consider the representation of the petitioner subject to the memo dated 29.05.2017 within a period of two (2) months from the date of the copy of this Order.” 3. Learned counsel for the petitioner further submits that even though this court specifically directed as above, so far the respondents have not complied with the orders of this Court. Hence, the contempt case. 4. On the other hand, learned counsel for the respondents filed counter- affidavit, wherein it is stated as follows: “It is humbly submitted that the petitioner herein drawing provisional pension of Rs.8,872/- from 01.06.2017 which was sanctioned in earlier by the Accountant General vide Lr.NO.PAG(A&E)/AP/)6/II/N- 65/SP766/2018-02/4086, dated 14.03.2018. Further Encashment of Earned leave for an amount of Rs.1,36,373/- was sanctioned to the individual and 4 withheld an amount of Rs.2,28,840/- as per memo dated 29.05.2017 of Director, APSRTC addressed to Proh. & Excise Superintendent, Ongole and Hon’ble High Court orders. The only payments due to the petitioner herein as of now is remaining portion of 25% pension and an amount of Rs.4,76,240/- towards death cum retirement gratuity for which also sanction orders from the Accountant General to be obtained and the 2nd respondent and 3rd respondent herein vigorously pursuing with the Principal Accountant General, Prohibition and Excise, (A&E), A.P., Amaravathi and Treasury for early release of the said payments due to the petitioner. I humbly submit that in view of the orders issued by the Government for dropping departmental proceedings without reference to the memo dated 29.05.2017, the petitioner case was considered and pension proposals was submitted to the Accountant General (A&E) A.P., Vijayawada for further action for payment of full pension and other pensionary benefits. I have complied the orders of the Hon’ble Court scrupulously without any deviation. As there is delay in compliance of the orders. Hence, I am tendering my unconditional apology and I also assure to the Hon’ble Court that will not repeat in future.” 5. Learned counsel for the respondents also furnished written instructions dated 27.06.2025, wherein it is stated that in compliance of the orders of this Court, the respondents forwarded the proposals of the petitioner for granting full pension as entitled by the petitioner. 5 6. In view of the submissions made above and in view of the written instructions issued by the 3rd respondent dated 27.06.2025, it is observed that the orders of this Court are complied with and no further orders are necessary. 7. Accordingly, the Contempt Case is closed. No order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 29.07.2025 TTPPSS 6 224 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) CONTEMPT CASE NO: 4719/2024 29.07.2025 TTPPSS