THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO.414 OF 2024 ORDER: 1. This Contempt Case is filed complaining willful disobedience in implementing the Order dated 12.05.2023 passed by this Court in I.A.No.1 of 2023 in W.P.No.13289 of 2023. 2. Heard Smt. Kavita Gottipati, learned counsel for the petitioner, Sri G. Raju, learned counsel for the respondents and perused the material available on record. 3. The petitioner filed W.P.No.13289 of 2023 to declare the action of the respondents in not considering the case of the petitioner for promotion to the post of Assistant Commissioner of Prohibition & Excise, without reference to Charge Memos issued by the 1st respondent vide G.O.Rt.No.326 Revenue (Vigilance-IV) Department dated 24.03.2017, G.O.Rt.No.1117 Revenue (Vigilance-IV.2) Department dated 26.08.2020 as illegal, arbitrary and violative of Articles 14, 16 & 21 of the Constitution of India and consequently direct the respondents to promote the petitioner as Assistant Commissioner of Prohibition & Excise on par with his juniors without reference to the pendency of disciplinary proceedings against him, with all consequential benefits. NV,J CC No. 414 of 2024 2 4. During pendency of W.P.No.13289 of 2023, this Court passed an interim direction in I.A.No.1 of 2023 on 12.05.2023, which reads as follows. “Heard the learned counsel for the petitioner and the learned Government Pleader for Excise. Having regard to the submissions made by learned counsel for the petitioner and in view of the facts and circumstances of the case, there shall be an interim direction to the respondents to consider the petitioner’s claim for promotion to the post of Assistant Commissioner of Prohibition & Excise, without reference to the Charge Memos vide G.O.Rt.No.326, Revenue (Vigilance-IV) Department dated 24.03.2017, G.O.Rt.No.1117 Revenue (Vigilance-IV.2) Department Dated 01.11.2017 and G.O.Rt.No.680 Revenue (Vigilance-IV) Department dated 26.08.2020, issued by the 1st respondent, until further orders.” 5. Learned counsel for the petitioner submits that, without implementing the orders of this Hon’ble Court in I.A.No.1 of 2023 in W.P.No.13289 of 2023 dated 12.05.2023 in true spirit, the respondents deliberately flouted the orders of this Court. This inaction itself on the part of the respondents amounts to violation of the orders passed by this Court in I.A.No.1 of 2023 in W.P.No.13289 of 2023 dated 12.05.2023. He further contends that, failure on the part of the respondents in implementing the orders of this Court NV,J CC No. 414 of 2024 3 would amount to disobedience of the orders of this Hon’ble Court, and, therefore, they are liable for punishment under Sections 10 to 12 of the Contempt of Courts Act. Complaining the same, the petitioner filed the present Contempt Case. 6. Learned counsel for the respondent filed counter affidavit stating that the candidature of the petitioner was cosndiered by the Committee without reference to the charges issued in various G.Os. Further, the committee examined the relevant record and observed that are four more other disciplinary cases pending against the petitioner other than those three disciplinary cases mentioned in the order of the Hon’ble High Court. Further, the ACRs of the petitioner for the last five years i.e. for 2014-18 to 2021-22 have not been made available before the Committee. In these circumstances, the Committee after going through the relevant record and material papers placed before the Committee were considered that his name was already included in the panel year 2017-18 and his promotion was deferred until termination of disciplinary proceedings pending against him in terms of G.O.Ms.no.424 dated 25.05.1976 and G.O.Ms.No.257 GADA dated 10.06.1999. Further, in the panel year 2019-20, the Committee recommended that there is no need to consider his NV,J CC No. 414 of 2024 4 case again in the prestn panel (2019-20), as the promotional post of Assistant Commissioner involves discharge of higher duties and responsibilities at higher level, charges involving moral turpitude and grave dereliction of duties, the Committee recommended that there is no need to consider his case for promotion to the post of Assistant Commissioner of Prohbiition & Excise again in the present panel 2022-2023, as such, the directions of this Hon’ble Court has been complied with and requested to close the contempt case against the respondents. 7. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears that, in compliance of the order of this Court in I.A.No.1 of 2023 in W.P.No.13289 of 2023 dated 12.05.2023, a Committee was formed by the respondents and considered the candidature of the petitioner, but the same was rejected on the ground that there are other disciplinary cases that are not covered by the order of the Hon’ble High Court. Since the respondents have complied the interim orders passed by this Court, the present contempt case is liable tob e closed. NV,J CC No. 414 of 2024 5 8. In view of the entire facts and circumstances of the case, the contempt case is closed. 9. Consequently, miscellaneous applications pending if any, shall also stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:29.10.2025 SP NV,J CC No. 414 of 2024 6 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO.414 OF 2024 Date: 29.10.2025 W SP