JUDGMENT : S.N. Variava, J. Heard Parties. This Appeal is against an order dated 10th January, 2003 by which the Appellant (herein) has been sentenced to undergo simple imprisonment for three months and a fine of Rs. 5,000/- for not having complied with an order dated 17th May, 2002. 2. It appears that in spite of an Order of the High Court, passed as far back as 23rd October, 1997, the Municipality and its Officers are not regulating a "Nala" which is polluting the fields around it and is also polluting the waters in the wells of the villagers. As the order dated 23rd October, 1997 was not complied with, on 17th May, 2002, the Municipality was again directed to see that the earlier order was complied with within three months. The direction of 17th May, 2002 therefore were against those officers who were in-charge on 17th May, 2002. As the order of 17th May, 2002 was again not complied with and a false compliance report was filed the order dated 10th January, 2003 was passed sentencing the Appellant and imposing a fine on him. 3. We, however, find that the Appellant (herein) was not in Office either on 17th May, 2002 or on 10th January, 2003. He was transferred much before these dates. He, therefore, cannot be said to be in contempt of the order dated 17th May, 2002. 4. The Appeal, therefore, stands allowed.