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Andhra High Court · body

2022 DIGILAW 107 (AP)

G. SambasivaRao v. K S Jawahar Reddy

2022-01-27

BATTU DEVANAND

body2022
ORDER : 1. This Contempt Case has been filed seeking to punish the respondents under Sections 10 and 12 of the Contempt of Courts Act for willful disobedience of the Order dated 08.10.2020 passed by this Court in W.P.No.18212 of 2020. 2. The petitioner filed W.P.No.18212 of 2020 against the action of the respondents in not considering the representation dated 16.06.2020 for transfer as illegal and arbitrary. After hearing the learned counsel for the petitioner and the learned Government Pleader for Medical and Health, at the stage of admission, with their consent, this Court disposed of the Writ Petition by Order dated 18.10.2020, directing the respondents to consider the representation taking into consideration the facts stated by the petitioner therein. Complaining that the order of this Court dated 18.10.2020 is not complied with by respondent No.2 willfully, the present Contempt Case has been filed. 3. A Counter Affidavit has been filed by the respondents. 4. The petitioner filed Reply Affidavit to the Counter Affidavits filed by the respondents. 5. In the Counter Affidavit, it is contended by the respondents that in view of the ban, the case of the petitioner could not be considered to transfer him considering his representation. In the reply affidavit, the petitioner contended that though there is ban on transfers, the respondents issued transfer orders to number of persons and filed the copies of the transfer orders along with reply. Under these circumstances, this Court prima facie is of the opinion that there is willful disobedience in implementing the orders of this Court under the guise of ban and accordingly, issued Notice in Form-1, directing the respondents to appear before this Court. 6. In compliance of the Notice issued in Form-1, the respondents appeared before this Court on 22.06.2021. Under these circumstances, this Court prima facie is of the opinion that there is willful disobedience in implementing the orders of this Court under the guise of ban and accordingly, issued Notice in Form-1, directing the respondents to appear before this Court. 6. In compliance of the Notice issued in Form-1, the respondents appeared before this Court on 22.06.2021. Respondent No.1 brought to the notice of this Court that he was transferred from the Department of Medical, Health and Family Welfare on 09.10.2020 and joined as Executive Officer of the T.T.D. The Order in the Writ Petition was passed by this Court on 08.10.2020 and it was communicated in the office of the respondents on 16.10.2020.Upon considering the submission of respondent No.1, this Court satisfied that as on the date of communication of the Order of this Court, respondent No.1 is not working as Principal Secretary, Department of Medical, Health and Family Welfare, and as such, he is not proper and necessary party to this Contempt Case, and accordingly, deleted the name of respondent No.1 from the array of the respondents of the present Contempt Case. 7. Subsequently, respondent No.2 filed Additional Affidavit to support their stand for rejection of the case of the petitioner and to affect the transfer of other persons. In the said Additional Affidavit, it is contended by respondent that the representation of the petitioner has been examined and in view of the ban imposed on transfer of employees with effect from 11.07.2019 vide G.O.Ms.No.45, Finance (HR.IPlg and Policy) Department, dated 24.06.2019 read with G.O.Ms.No.59, Finance (HR.I-Plg. & Policy) Department, dated 04.07.2019, the request of the petitioner is rejected. It is informed to the petitioner that the request of the petitioner may be considered at the time of General Transfers on spouse ground as per the rules in force. With regard to the transfers affected to some other similarly situated persons, it is contended that the relevant Government Orders transferring those persons are issued in relaxation of the Orders issued in G.O.Ms.No.45 and 59 by the Competent Authority. In the case of the petitioner, the Competent Authority did not agree the proposal for transfer of the petitioner. Accordingly, the same was informed to the petitioner. As such, there is no willful disobedience in implementing the Orders of this Court by this respondent and sought to dismiss the Contempt Case. 8. In the case of the petitioner, the Competent Authority did not agree the proposal for transfer of the petitioner. Accordingly, the same was informed to the petitioner. As such, there is no willful disobedience in implementing the Orders of this Court by this respondent and sought to dismiss the Contempt Case. 8. After hearing the respective counsel, the Contempt Case is reserved ‘for Orders’. This case is listed under the caption “for being mentioned’ at the request of learned counsel for Respondent No.2 on 06.01.2022 when he informed to the Court that the Order of this Court is complied with and the petitioner was transferred to Visakhapatnam on 07.01.2022 and he joined duty in the new place on 08.01.2022 and sought time to file copies of the Orders issued by the Government. Thereafter, a memo has been filed on behalf of the respondent along G.O.Rt.No.14, Health, Medical and Family Welfare (A1) Department, dated 07.01.2022, and the Letter of the Petitioner dated 08.01.2022, addressed to the Director of the Medical Education, Vijayawada. On perusal of G.O.Rt.No.14, dated 07.01.2022 and the Letter of the Petitioner dated 08.01.2022, it appears, the petitioner was transferred to Visakhapatnam as Principal, Andhra Medical College, Visakhapatnam and joined there on 08.01.2022. 9. Having considered the submissions of the respective counsel and upon perusal of the material available on record along with original records placed before this Court by respondent No.2 with respect to the transfer orders issued in favour of similarly situated persons, it is clear that all these Government Orders transferring the concerned Officers are issued by the State Government as per decision of the competent authority in relaxation of the orders issued in G.O.Ms.No.45, dated 24.06.2019 read with G.O.Ms.No.59, dated 04.07.2019. 10. In the present issue also, it appears, the respondent processed the file for transfer of the petitioner to consider his representation and to implement the order of this Court and the same was circulated to the Competent Authority through Hon’ble Deputy Chief Minister for Medical and Health Department for transfer in relaxation of the ban on transfers, but the Competent Authority has not agreed the proposal for transfer of the petitioner. Due to this reason, respondent No.2 could not implement the order of this Court in true spirit. Due to this reason, respondent No.2 could not implement the order of this Court in true spirit. This Court noticed that though Respondent No.2 is ready to implement the order of this Court, in view of G.O.Ms.No.45 and 59, he could not implement the Order of this Court except to process the file to the Competent Authority for relaxation of the ban on transfer orders. As such, it is clear that the reason for not implementing the order in true spirit and delay occurred in implementing the Order of this Court is due to the non willingness of the Competent Authority to relax the conditions on ban orders issued in G.O.Ms.No.45 and 59. As and when respondent No.2 is not empowered to relax the conditions of ban on transfer and the said power is vested with the Competent Authority, this Court cannot find fault with respondent No.2. It appears from the record that respondent No.2 made his effort to implement the Order of this Court by processing the file to the Competent Authority. Though the Competent Authority relaxed the conditions of ban on transfer in the case of other similarly situated persons, they did not choose to take same decision to relax the conditions of ban on transfer in the case of the petitioner for the reasons best known to them. 11. Under these circumstances, in the considered opinion of this Court, there is no willful disobedience on the part of Respondent No.2 in implementing the Order dated 08.10.2020 passed by this Court in W.P.No.18212 of 2020. 12. Accordingly, this Contempt Case is closed. The Original Records pertaining to the Transfer Orders of similarly situated persons, which are placed before this Court, are returned and handed over to the learned counsel for Respondent No.2. Miscellaneous petitions pending, if any, in this case shall stand closed.