APHC010110792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD CONTEMPT CASE NO: 1429 OF 2024 Between: 1. SK JANI BASHA, S/O. LATE MD KHASIM AGED 52 YEARS, OCC- SENIOR ASSISTANT(U/S), O/O. CHILD DEVELOPMENT PROJECT OFFICER, ICDS PROJECT, WD AND, CW DEPARTMENT 6TH LANE, HANUMAN NAGAR, OPP- BHARAT PETROL BUNK, NALLAPADU ROAD, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1. SMT K MADHURI, REGIONAL JOINT DIRECTOR (FAC) WOMAN AND CHILD WELFARE DEPARTMENT, ONGOLE, PRAKASAM DISTRICT. R 1 DISCHARGED FROM THE CONTEMPT CASE AS PER COURT ORDER DATED 23/10/24 IN CC NO-1429 OF 2024 2. SMT Y SAILAJA, REGIONAL JOINT DIRECTOR(FAC) WOMAN AND CHILD WELFARE DEPARTMENT, ONGOLE,PRAKASAM DISTRICT. R 2 IMPLEADED AS PER COURT ORDER DATED 23/10/24,VIDE IA NO-1 OF 2024 IN CC NO-1429 OF 2024 ...CONTEMNOR(S): Counsel for the Petitioner: 1. SRINIVASULU KURRA Counsel for the Contemnor(S): 1. SUSHMA YAGANTI 2 2. RAMALINGESWARA RAO KOCHARLA KOTA The Court made the following ORDER: Heard Sri Srinivasulu Kurra, Learned Counsel for the Petitioner and Sri Ramalingeswara Rao Kocharla Kota, learned Counsel for the Respondent. 2. The present Contempt Case is filed complaining of the violation of the Order dated 07.02.2024 in W.P.No.3095 of 2024. 3. The Respondent No.1 in this Contempt Case has been discharged vide Order dated 23.10.2024. 4. Insofar as the Respondent No.2 is concerned, one Smt. Y. Sailaja, Regional Joint Director (FAC), Woman & Child Welfare Department, Ongole, Prakasam District had filed a detailed Counter-Affidavit on 11.12.2024 along with the material documents. 5. This Court has perused the contents of the Counter-Affidavit filed by the Respondent No.2. It is categorically stated in the Counter-Affidavit that the Petitioner herein (Writ Petitioner in W.P.No.3095 of 2024) had mislead this Court by stating wrong facts and also by not disclosing the true and material facts. It is stated in the Affidavit filed in support of the Writ Petition No.3095 of 2024 that the Writ Petitioner has discharged his duties with utmost care and caution (Para 3 of the Affidavit in W.P.No.3095 of 2024). The Counter- Affidavit of Respondent No.2 in the present Contempt Case would also disclose that the Writ Petitioner/Contempt Petitioner has faced serious charges of sexual harassment, which were eventually proved, and major punishment was awarded. It is also stated that the Writ Petitioner did not mend his ways and continued to harass the Anganwadi workers who are women. Para Nos. 5 to 15 of the Counter-Affidavit filed by the Respondent No.2 in the Contempt Case is replete with several allegations against the Writ Petitioner/Contempt Petitioner, which are a matter of record. 3 6. This Court has compared the averments in the Counter-Affidavit of the Respondent No.2 in the Contempt Case with that of the Affidavit of the Writ Petitioner. It is noticed by this Court that the averments made by the Respondent No.2 in the Contempt Case have not even been whispered in the Affidavit in the Writ Petition. It is stated in the Counter-Affidavit in the Contempt Case that by concealing all these facts stated in the Counter- Affidavit, the Writ Petitioner /Contempt Petitioner has secured an Interim Order dated 07.02.2024 by misleading this Court. This Court has perused the contents of the Affidavit filed in support of the Writ Petition as well as the Counter-Affidavit filed by the Respondent No.2 in the Contempt Case dated 11.12.2024. This Court also has noticed that the Writ Petitioner has not filed any Re-joinder rebutting the contentions of the Respondent No.2. 7. ‘Suppressio veri suggestio falsi’ (Suppression of material documents suggests falsehood), prima facie, it appears to the Court that the Petitioner has secured an Interim Order, dated 07.02.2024 in W.P.No.3095 of 2024 by concealing the material facts. Suppression of the material documents suggests falsehood. Since the Petitioner herein did not rebut the allegations made by Respondent No.2, this Court is of the view that the Writ Petitioner has not acted bonafide and on the other hand, has concealed the material facts and secured an Interim Order on 07.02.2024. 8. In this view of the matter, this Court is not inclined to interfere in this Contempt Case. Since this Court does not have the power in the Contempt jurisdiction to vacate the Interim Order granted in the Writ Petition on 07.02.2024, this Court deems it appropriate to direct the Registry to place the entire material in the present Contempt Case, including the Counter-Affidavit filed by the Respondent No.2 (Smt. Y. Sailaja), Regional Joint Director (FAC), Woman & Child Welfare Department, Ongole, Prakasam District dated 11.10.2024 in the present Contempt Case on the file of the W.P.No.3095 of 2024 for further consideration along with a copy of this Order. 4 9. Having regard to the facts of this case, there shall also be a direction to the Registry to list the W.P.No.3095 of 2024 in the first five (05) items before the Ld. Single Judge having the Roster. This extraordinary direction is being given with a view that no one can take undue advantage and secure an order (interim or final) by concealment of material facts inasmuch as the Writ Petitioner has concealed the material facts that may have been considered against him had he produced the same and may have prevented him from getting an Interim Order. 10. Accordingly, this Contempt Case is dismissed with costs of Rs.10,000/- (Rupees ten thousand only). The Petitioner is directed to pay the said costs in favour of the Andhra Pradesh High Court Legal Services Committee, Amaravathi, within one week from the date of uploading of this Order on the website of this Court. 11. Registry is directed to communicate a copy of this Order to the Member Secretary, Andhra Pradesh High Court Legal Services Committee, Amaravathi forthwith for effective compliance. 12. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 28.10.2025 MNR 5 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD C.C. NO.1429 OF 2024 Dt: 28.10.2025 MNR