ORDER : This is a suo-moto contempt case initiated by this Court against the Respondents herein for their willful disobedience in implementing the order, dated 11.06.2020 in I.A.No.1 of 2020 in W.P.No.9883 of 2020. 2. The background for initiating the contempt case is that the parents of the students studying in a Mandal Praja Parishad Primary School in Thiruvolu Village, Cheedikada Mandal, Visakhapatnam District, filed W.P.No.9883 of 2020, against the construction of Village Secretariat in the school premises. 3. The grievance of the petitioners in the writ petition is that by constructing the Village Secretariat in the school premises, the very atmosphere of primary school will be spoiled on account of movement of so many people every day to the school and it will hamper the healthy atmosphere of the school. 4. This Court considering the importance of the issue involved in the writ petition, as it is having lager interest which effects the interest of the students studying the Government School/Local Body Schools in the entire State of Andhra Pradesh in achieving essential levels of learnings and for improvement in the quality of education which is guaranteed under Article 21 and 21-A of the Constitution of India, passed the following interim order: (1) The Respondents are directed not to undertake any activity of construction in the school premises of Mandal Praja Parishad Primary School in Thiruvolu Village, Cheedikada Mandal, Visakhapatnam District, pending further orders. (2) The Respondent Nos.1, 2, 10, 11, 12 and 13 are directed to ensure not to take any construction activity or which effects the healthy atmosphere of the school in the premises of the schools being run by State Government/Local Bodies in the State of Andhra Pradesh, pending further orders. 5. While granting the interim order, the writ petition is adjourned for four weeks to enable the Respondents to file counter-affidavits. 6. On 12.07.2021 the W.P.No.9883 of 2020 is listed along with W.P.Nos.12531 of 2021 and 23443 of 2020, which were filed complaining that the Respondents are taking construction activity in the school premises, which are unconnected to the schools and the students. This Court noticed that even after lapse of one year, the Respondents did not choose to file their counter-affidavits, except Respondent Nos.5 and 8 in W.P.No.9883 of 2020. 7.
This Court noticed that even after lapse of one year, the Respondents did not choose to file their counter-affidavits, except Respondent Nos.5 and 8 in W.P.No.9883 of 2020. 7. After considering the grievance of the petitioners in W.P.Nos.12531 of 2021 and 23443 of 2020, the Court came to a conclusion that if the Respondents implemented the orders of the Court, dated 11.06.2020, in I.A.No.1 of 2020 in W.P.No.9883 of 2020, there is no necessity to file present writ petitions. 8. Under those circumstances, the Court came to an opinion that the Respondents herein willfully violated the order, dated 11.06.2020 of this Court in W.P.No.9883 of 2020 and accordingly, directed the Registry to initiate contempt proceedings against the Officers, who have been working as Respondent Nos.1, 2, 10, 11, 12 and 13 therein from 11.06.2020 to 12.07.2021 and register a contempt case against the concerned Officers and issue notices in Form-I. In this background, the present contempt case is registered. 9. The Respondents filed their Affidavits. 10. Heard learned Advocate General and the respective counsels appearing for the respondents. Perused the entire material available on record. 11. The 1st Respondent/Principal Secretary to Government, Panchayat Raj & Rural Development, filed Counter Affidavit contending that in order to implement the orders passed by this Court on 11.06.2020, he issued Memo, dated 20.07.2020, instructing the 2nd respondent to take appropriate action. Thereafter, 2nd respondent addressed a Letter, dated 28.07.2020 vide Lr.No.751/CPR&RD/S/2019 to the District Collector, Visakhapatnam and another Memo, dated 09.11.2020 to Chief Executive Officer, ZPP, Visakhapatnam, for taking necessary action in terms of the orders of this Hon’ble Court. Further, 2nd respondent vide Memos, dated 09.08.2021 and 25.08.2021 has given instructions to all the District Collectors, Chief Executive Officers, ZPPs and District Panchayat Officers in the state not to take up and allow any construction which are unconnected to the school activity or which effects the healthy atmosphere of the school in the premises of the schools being run by the State Government/Local Bodies in the State of Andhra Pradesh and to issue suitable instructions to the concerned to stop all further constructions, which are already started and obtained the details and vacate the temporary occupation of the RBK/GS/HC immediately and report compliance. 12.
12. The Respondent No.1 further contends that he has also addressed a Letter, dated 25.08.2021 vide Lr.No.53/CPR&RD/S/2020 to the Commissioner, Agriculture Department, the Commissioner, Medical Health and Family Welfare Department and the Director, Department of Gram Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats to give necessary instructions to the District departmental heads to ensure the compliance of the orders of this Hon’ble Court and not to take up any new constructions and stop any ongoing construction activities in the school premises. The field functionaries of Panchayat Raj have taken steps to stop the ongoing constructions which are unconnected to the school activity and which effects the healthy atmosphere in the premises of the schools. Therefore, he has taken all necessary steps and has issued instructions to ensure that establishments which are unconnected to the school activities are vacated in the school premises, which are under the control of Panchayat Raj Department. As such, the orders passed by this Hon’ble Court are implemented in true letter and spirit. 13. The 2nd respondent filed Counter Affidavit contending that in order to implement the orders passed by this Hon’ble Court, the Respondent No.1 issued Memo, dated 20.07.2020, instructing him to take appropriate action. Thereafter, Memo, dated 09.11.2020, was addressed to the Chief Executive Officer, ZPP, Visakhapatnam, to take necessary action immediately in terms of the orders passed by this Hon’ble Court. He has also addressed a Memo No.751/CPR&RD/S/2019, dated 09.08.2021 and 25.08.2021, to all the District Collectors, Chief Executive Officers, ZPPs and District Panchayat Officers in the State not to take up any construction activity which are unconnected to the school or which effects the healthy atmosphere in the premises of the schools being run by the State Government/Local Bodies in the State of Andhra Pradesh and to issue suitable instructions to the concerned to stop all further constructions which are already started and to vacate the temporary occupation of RBK/GS/HC immediately, if not already done, and to report compliance.
He has also addressed a Letter, dated 25.08.2021 vide Lr.No.53/ CPR&RD/S/2020 to the Commissioner, Agriculture Department; the Commissioner, Medical Health and Family Welfare Department and the Director, Department of Gram Volunteers/Ward Volunteers and Village Secretariats/Ward Secretariats to give necessary instructions to the District departmental heads to ensure that the compliance of the orders of this Hon’ble Court and not to take up any new constructions and stop the ongoing construction activities in the school premises. The field functionaries of Panchayat Raj have taken steps to stop the ongoing constructions which are unconnected to the school activity, which effects the healthy atmosphere in the premises of the schools and vacated the occupations of RBK/GS/HC. 14. The Respondent No.2 further contends that a letter vide No.53/CPR&RD/S/2020, dated 31.08.2021, was addressed to all the District Collectors and others to see that the instructions are implemented in true spirit. Subsequently, a D.O. Letter was also addressed to the District Collectors, to take quick action on vacating and handed over of occupation in school premises by the Grama/Ward Sachivalayam’s/ Rythu Bharosa Kendra’s/ Health Centers, etc., which are unconnected to the school activities and to furnish action taken report. The field functionaries and the team of officers have re-verified and taken necessary steps to ensure that all the establishments which are unconnected to the school activity are vacated. In compliance of the orders of this Hon’ble Court, the declarations submitted by the Mandal Level Officers and the Head Masters of the Schools of Local Bodies of each district to the Department is filed being as action taken report. Therefore, he has taken all necessary steps and has issued necessary instructions to ensure that establishments which are unconnected to the school activities are vacated in the school premises, which are under the control of Panchayat Raj Department. As such, the orders passed by this Hon’ble Court are implemented in true letter and spirit. 15. The 3rd respondent (i.e.) The Principal Secretary to the Government, School Education Department, AP Secretariat, filed Counter Affidavit contending that as per Section 76 of the A.P Education Act, 1982, on school buildings and its properties; only panchayat Raj Department has a control.
As such, the orders passed by this Hon’ble Court are implemented in true letter and spirit. 15. The 3rd respondent (i.e.) The Principal Secretary to the Government, School Education Department, AP Secretariat, filed Counter Affidavit contending that as per Section 76 of the A.P Education Act, 1982, on school buildings and its properties; only panchayat Raj Department has a control. The Department of School Education is concerned only with services of the teachers working in Zilla Parishad and Mandal Praja Parishad Schools and therefore, granting permission for construction of Grama Sachivalayas and Rythu Bharosa Kendrams in School premises does not arise. In pursuance of the letter addressed by Respondent No.4 vide Letter, dated 11.08.2021, instructions were issued by the Government vide Memo, dated 12.08.2021 with a direction to the Director of School Education to issue necessary instructions to all the District Educational Officers/Regional Joint Directors/Additional Project Coordinators in the State to supervise personally on the said works and take possession by 20.08.2021. In pursuance to the Government Memo, Dated 12.08.2021, Respondent No.4 vide Memo, Dated 13.08.2021, issued specific and clear instructions for stoppage of all construction activities in the school premises and to take over possession immediately. In the said process, the Director of School Education has issued Memo No.ESE02/229/2021-GS & GR-CSE, dated 20.09.2021, to the District Educational Officers/Regional Joint Directors/ APCs in the State to furnish the declaration on the status of possession of all such occupations, wherever constructions have been taken up and causing unhealthy atmosphere to the school environment. The Director of School Education issued Memo, dated 03.10.2021, to the District Educational Officers/Regional Joint Directors/APCs/ MEOs/HMs of the Schools in the State to take necessary steps for any unauthorized constructions in either Local Bodies/Government Schools. Respondent No.3 issued Do.Lr.No.ESE01-SEDNOCSE/799/Prog.I/2021, dated 09.10.2021 to the Departments of Panchayat Raj and Rural Development Department and the Municipal Administration and Urban Development Department to issue instructions to the filed functionaries to vacate the unauthorized occupations in school premises and furnish the action taken report. Therefore, he has taken all necessary steps and has issued necessary instructions to ensure that establishments which are unconnected to the school activities are vacated in the school premises. As such, the orders passed by this Hon’ble Court are implemented in true letter and spirit. 16.
Therefore, he has taken all necessary steps and has issued necessary instructions to ensure that establishments which are unconnected to the school activities are vacated in the school premises. As such, the orders passed by this Hon’ble Court are implemented in true letter and spirit. 16. The 4th respondent /Director of School Education, Ibrahimpatnam, Vijayawada, filed Counter Affidavit contending that as per Section 76 of the A.P Education Act, 1982, on school buildings and its properties, only Panchayat Raj Department has a control. The Commissioner of School Education is concerned only with services of the teachers working in Zilla Parishad and Mandal Praja Parishad Schools and therefore, granting permission for construction of Grama Sachivalayams and Rythu Bharosa Kendrams in School premises does not arise. Respondent No.4 vide Memo No.1183054/MBNN/2020, dated 14.07.2020 directed the concerned officer of District Educational Officer to take steps. In turn, the order of this Hon’ble Court has been communicated to the Mandal Educational Officer, Cheedikada, for compliance. Accordingly, the concerned Mandal Educational Officers submitted its Report, dated 16.07.2020 to the District Educational Officer by duly stating that the construction of Grama Sachivalayam has been stopped and site has been handed over to MPPS, Thiruvolu Village, Cheedikada Mandal and now the site is under the custody of the concerned school Head Master. As several representations and various Writ Petitions were filed all over State of A.P. challenging the action of the respective authorities towards construction of Water Plants/Grama Sachivalayams/Rytu Bharosa Kendrams and other construction activities in the premises of Primary Schools/Upper Primary High Schools without taking permission from the concerned authorities, detailed instructions have been issued by the Commissioner of School Education vide Memo No.ESE02-36/169/2021-CoMMSE-CSE,dated 02.06.2021, to all the Regional Joint Directors of School Education and the District Educational Officers in the State to take appropriate steps on such un-authorized constructions as per rules. 17. The Respondent No.4 further contends that the grant of permission or giving no objection for construction of buildings is not within the purview of this Respondent. In pursuance of the letter addressed by this Respondent vide Letter, dated 11.08.2021, instructions were issued by the Government vide Memo, dated 12.08.2021 with a direction to the Director of School Education to issue necessary instructions to all the District Educational Officers/Regional Joint Directors/Additional Project Coordinators in the State to supervise personally on the said works and take possession by 20.08.2021.
In pursuance to the Government Memo, Dated 12.08.2021, Respondent No.4 vide Memo, Dated 13.08.2021, issued specific and clear instructions for stoppage of all construction activities in the school premises and to take over the possession immediately. Further, it is clearly instructed to all the Field Level Officers in the State that hereafter no school premises/land shall be allowed or utilized for any purposes which are not related to school activities. Respondent No.4 has issued Memo No.ESE02/229/2021-GS & GR-CSE, dated 20.09.2021, to the District Educational Officers/Regional Joint Directors/APCs in the State to furnish the declaration on the status of possession of all such occupations, wherever constructions have been taken up and causing unhealthy atmosphere to the school environment. Respondent No.4 has also issued Memo, dated 03.10.2021, to the District Educational Officers/Regional Joint Directors/APCs/ MEOs/ HMs of the Schools in the State to take necessary steps for any unauthorized constructions in either Local Bodies/ Government Schools. Therefore, he has taken all necessary steps and has issued necessary instructions to ensure that establishments which are unconnected to the school activities are vacated in the school premises. As such, the orders passed by this Hon’ble Court are implemented in true letter and spirit. 18. In the Affidavit filed by the 5th Respondent, he submits that immediately upon receipt of the order of this Court in W.P.No.9883 of 2020, he requested the Commissioner & Municipal Administration vide Memo No.F MAU01-MUNA/316/2020-D, dated 24.06.2020 to examine and take immediate further necessary action on the issue pertaining to the Municipal Administration Department. A copy of the same is also marked to the Commissioner, Greater Visakhapatnam Municipal Corporation with a similar request. 19. The 5th Respondent further submits that upon verification, he came to know that the Respondent No.8 has issued instructions to all the Commissioners of Urban Local Bodies and to the concerned RDMAs vide Circular Roc.No.11021/17/2020/J/E1, dated 09.08.2021 and that all the information as called for has been submitted with a confirmation that all Ward Secretariats located in the Municipal School Premises were relocated and ensured that there is no other activity in the school premises which disturbs the atmosphere of the schools. 20. In the Affidavit, the 6th respondent submits that she had taken charge to the present post on 24.12.2020.
20. In the Affidavit, the 6th respondent submits that she had taken charge to the present post on 24.12.2020. As per the orders of this Court, she appeared before the Court on 09.08.2021 and immediately thereafter vide Note No.31/Peshi/Spl.CS/MA&UD, dated 09.08.2021, she had requested 8th Respondent to direct all the Commissioners of Urban Local Bodies to relocate all Ward Secretariats located in the Municipal School Premises, and to ensure that no Ward Secretariat/any other Building is constructed in the school premises in future and requested to obtain information from the Municipal Commissioners in mentioned 2 Formats. 21. The 6th respondent further submits that the Respondent No.8 has issued instructions to all the Commissioners of Urban Local Bodies and to the concerned RDMAs vide Circular Roc.No.11021/17/2020/J/E1, dated 09.08.2021 and the Respondent No.8 has informed to her vide Lr.Roc.No.11021/17/2020/J/E1, dated 25.08.2021 that all the information as called for has been submitted and that all Ward Secretariats located in the Municipal School Premises were relocated and ensured that there is no other activity in the school premises which disturbs the atmosphere of the schools. 22. The 6th Respondent further submits that pursuant to the directions of the Respondent No.8, all the Commissioners of the Municipalities have submitted their reports duly assuring that they have vacated/shifted the Ward Secretariats and other buildings which are functioning from the Municipal School Premises. The details are filed before this Court along with this Affidavit. 23. In the Affidavit of 7th Respondent, he submits that the Government in its Memo No.F MAU01-MUNA/316/2020-D, dated 24.06.2020 to examine the orders, dated 11.06.2020 of this Court in W.P.No.9883 of 2020 and to take immediate further necessary action. He immediately issued several oral instructions and instructions through video conferences and requested all the Commissioners of all the ULBs and the RDMAs to take necessary action. The 7th Respondent further submits that during his tenure as Commissioner & Director, Municipal Administration, till 05.02.2021, he had not issued any orders granting permissions for any kind of constructions of Grama Sachivalayas and Rythu Bharosas in the Mandal Primary School, Thiruvolu, Cheedikada Mandal, Visakhapatnam District. 24.
The 7th Respondent further submits that during his tenure as Commissioner & Director, Municipal Administration, till 05.02.2021, he had not issued any orders granting permissions for any kind of constructions of Grama Sachivalayas and Rythu Bharosas in the Mandal Primary School, Thiruvolu, Cheedikada Mandal, Visakhapatnam District. 24. The 7th Respondent submits that he came to know that Respondent No.8 had issued directions/ instructions to all the Municipal Commissioners of the Municipal Corporations/Municipalities and the RDMAs in the State vide Circular Roc.No.11021/17/2020/J/E1, dated 09.08.2021 to furnish information regarding constructions being taken in the school premises unconnected to the schools. The Respondent No.8 obtained the said information and that all the Ward Secretariats and other buildings are shifted which were functioning from the Municipal School Premises. 25. The Respondent No.8 submits that immediately upon coming to know the suo moto contempt proceedings taken up by this Court vide its order, dated 12.07.2021, has directed all the Municipal Commissioners of the Municipal Corporations/Municipalities in the state that the proposals for construction of Ward Secretariat Buildings in the Municipal Schools shall not be taken up and also directed orally to all the Commissioners of Urban Local Bodies to relocate all Ward Secretariats located in the Municipal Schools Premises, immediately, and ensure that no Ward Secretariat/any other Building is constructed in the school premises in future and to ensure that there is no such other activity in the school premises which disturbs the atmosphere of the schools. 26. The Respondent No.8 further submits that in pursuance of Note No.31/Peshi/Spl.CS/MA&UD, dated 09.08.2021 of Respondent No.6, immediately she vide Circular Roc.No.11021/17/ 2020/J/E1, dated 09.08.2021, issued detailed instructions to all the Commissioners of the Municipalities and Corporations directing them to follow the instructions therein. Pursuant to the said instructions, all the Commissioners of the Municipalities and Corporations (where Municipal Schools exists) have submitted their report duly assuring that they have vacated/shifted the Ward Secretariats and other Buildings which are functioning from the Municipal School Premises. The Respondent No.8 further submits that thereafter all the RDMAs in the State have issued clear instructions to all the Commissioners that the Ward Secretariats and other Buildings located in Municipal Schools of the ULBs in the state shall be vacated forthwith, by shifting the same to the premises to any other suitable locations in the same ward other than the school premises.
Further, the RDMAs (4) have furnished consolidated action taken reports in Format I & II with regard to shifting of Ward Secretariats/other Buildings from the existing Municipal School premises. 27. In the additional Affidavit, the Respondent No.8 submits that as per the directions of this Court, it is ensured that no construction or other activity which is unconnected to the school activity or which effects the healthy atmosphere of the school are existing in the premises of the Municipal Schools and thus, the orders passed by this Court in W.P.No.9883 of 2020 are complied with by this Respondent. 28. On 09.08.2021 except Respondent No.5, remaining Respondents present before the Court. Only Respondent Nos.3 and 4 filed their counter-affidavits and remaining Respondents sought time for filing counter-affidavits. On 31.08.2021 except Respondent No.6, remaining Respondents present before the Court and filed their affidavits. 29. In the affidavits of Respondents, it is averred that the Village Secretariat, Rythu Barosa Kendrams and other establishments are functioning in 1160 schools being run by the Government and the Local Bodies in the entire State. Out of that as on 31.08.2021, the said establishments are removed in 442 schools and they are taking steps to remove from the remaining schools also and sought time to file action taken report. Subsequently, this matter went several adjournments at request of the learned counsels for the Respondents for filing action taken report along with full details. On 22.12.2021 the Respondents filed additional affidavits. In the affidavits filed by the Respondent Nos.1 and 3, the following particulars are furnished as extracted hereinunder : The following particulars furnished in the affidavit filed by Respondent No.1: Annexure Sl. No. District Total No. of schools ZPP/ MPP No of schools where occupation/ construction found ZPP/MPP (as per PR Dept.) No. of schools where Occupation/ construction vacated ZPP/MPP Date of vacation in between From To 1. Ananthapuram 3712 76 76 12.07.2021 04.9.2021 2. Chittoor 4759 129 129 09.02.2021 09.9.2021 3. East Godavari 3806 110 110 02.08.2021 27.9.2021 4. Guntur 3189 45 45 12.11.2020 07.9.2021 5. Krishna 2676 139 139 20.06.2021 11.9.2021 6. Kurnool 2716 73 73 22.08.2021 11.9.2021 7. SPSR Nellore 3261 157 157 01.02.2020 07.9.2021 8. Prakasam 3121 66 66 16.08.2021 06.9.2021 9. Srikakulam 3016 154 154 02.09.2021 04.9.2021 10. Visakhapatnam 3338 123 123 10.06.2021 04.9.2021 11. Vizianagaram 2353 48 48 21.02.2021 06.9.2021 12. West Godavar 2909 106 106 02.05.2021 28.9.2021 13.
Krishna 2676 139 139 20.06.2021 11.9.2021 6. Kurnool 2716 73 73 22.08.2021 11.9.2021 7. SPSR Nellore 3261 157 157 01.02.2020 07.9.2021 8. Prakasam 3121 66 66 16.08.2021 06.9.2021 9. Srikakulam 3016 154 154 02.09.2021 04.9.2021 10. Visakhapatnam 3338 123 123 10.06.2021 04.9.2021 11. Vizianagaram 2353 48 48 21.02.2021 06.9.2021 12. West Godavar 2909 106 106 02.05.2021 28.9.2021 13. YSR Kadapa 3173 1284 1284 23.08.2021 02.9.2021 Total 42029 1284 1284 The following particulars furnished in the affidavit filed by Respondent No.3: Annexure-I Sl. No. District Total No of schools No of occupation in schools by RBK/GS/HC etc. Vacated Date of Vacation in between Govt. ZP MPL Total Gov t. ZP MPL Total Govt. ZP MPS From To 1. Srikakulam 55 2875 141 154 0 154 0 154 0 154 0 12.07.21 04.9.21 2. Vizianagaram 86 2160 193 49 1 48 0 49 1 48 0 09.02.21 09.9.21 3. Visakhapatnam 159 3033 305 144 17 125 2 144 17 125 2 02.08.21 27.9.21 4. East Godavari 29 3498 308 113 3 110 0 113 3 110 0 12.11.20 07.9.21 5. West Godavari 20 2684 225 120 3 106 11 119 2 106 11 20.06.21 11.9.21 6. Krishna 15 2481 195 148 1 139 8 148 1 139 8 22.08.21 11.9.21 7. Guntur 31 2877 312 46 0 45 1 46 0 45 1 01.02.20 07.9.21 8. Prakasam 33 3036 85 67 1 66 0 67 1 66 0 16.08.21 06.9.21 9. Nellore 19 3135 126 173 0 157 16 173 0 157 16 02.09.21 04.9.21 10. Chittoor 44 4558 201 139 2 129 8 139 2 129 8 10.06.21 04.9.21 11. Kadapa 21 3068 105 62 1 58 3 62 1 58 3 21.02.21 06.9.21 12. Kurnool 78 2497 219 75 2 73 0 75 2 73 0 02.05.21 28.9.21 13. Ananthapuram 30 3426 286 81 0 76 5 81 0 76 5 23.08.21 02.9.21 Total 620 39328 2701 1371 31 1286 54 1370 30 1286 54 30. On careful perusal of the above particulars, it is clear that in total 1371 schools the Village Secretariats and other constructions/activities are being undertaken which are not related to education and the schools. It is also proved from the averments made in their affidavits that they did not take any steps to implement the order, dated 11.06.2020 in I.A.No.1 of 2020 in W.P.No.9883 of 2020 till initiation of suo-moto contempt case by this Court.
It is also proved from the averments made in their affidavits that they did not take any steps to implement the order, dated 11.06.2020 in I.A.No.1 of 2020 in W.P.No.9883 of 2020 till initiation of suo-moto contempt case by this Court. 31. The particulars furnished by the Panchayat Raj Department, Municipal Administration Department and School Education Department on several occasions to the Court are not tallying and there is some discrepancy. The above mentioned two statements disclose the same. The Court also noticed that after filing action taken report by the Respondents in this contempt case also number of writ petitions filed before the Court complaining constructions unconnected to the school activity in the school premises. The said writ petitions are W.P.Nos.23443 of 2020; 4731, 12531, 13833, 18231, 19683, 19870, 21851, 22081, 22729, 23230, 25733, 26021, 28780 and 30794 of 2021. 32. Besides this, on careful perusal of the particulars mentioned in the above mentioned tables, it is established that the order of the Court is not implemented in true spirit by the Respondents. As per their own information, the school premises are vacated only in the month of September, 2021 by the Respondents. 33. It is known to all that the children hailed from poor and middle class families join in the Government and Local Body Schools. The inaction of the Respondents in implementing the orders of this Court, till registering suo-moto contempt case against them, proves their concern towards the poor people. It is their paramount responsibility to discharge their functions in accordance with law. Due to deliberate violation of the orders of the Court, the poor students, who are studying in Government and Local Body Schools suffered. This Court never expected such lethargic and lawlessness behaviour from the senior officers of All India Service. This is unfortunate and regrettable. 34. For the reasons stated above, in the considered opinion of the Court, there is willful disobedience in implementing the order, dated 11.06.2020 in I.A.No.1 of 2020 in W.P.No.9883 of 2020 by the Respondents in true spirit. As such, the Respondents are found guilty of contempt of court and they are liable for punishment under the provisions of the Contempt Court Act, 1971. 35.
As such, the Respondents are found guilty of contempt of court and they are liable for punishment under the provisions of the Contempt Court Act, 1971. 35. Accordingly, the contemnors are sentenced to undergo simple imprisonment for two (02) weeks each and to pay fine of Rs.1,000/- (Rupees one thousand only) each and in default they shall undergo simple imprisonment for one week each. 36. At this stage, the contemnors prayed the Court to pardon them considering their age and the services they rendered as Officers of the State for all these years. They also assured to be more careful in future in implementing the Court orders and tendered unconditional apology. 37. This Court after considering the submissions of the Respondents and considering their age and the interest of the families of the contemnors, in the opinion of the Court, it is not desirable for sending them into jail in the present situation of COVID-19 pandemic. 38. This Court asked the contemnors if they are willing to do some social work, their apology will be considered on humanitarian grounds and the contemnors readily agreed for the same. 39. Then, the Court asked the contemnors whether they are willing to give undertaking to visit the Social Welfare, S.T. Welfare and B.C. Welfare Hostels for boys and girls in the Districts assigned hereinunder to each contemnor in any one Sunday in every month for total 12 months and spend some time with the students/wards of the said hostels to motivate them and arrange lunch or dinner (a sumptuous meal) by spending their personal money : Sl. No. Name of the Officer Sri/Smt. District 1. Gopal Krishna Dwivedi, IAS Krishna 2. M. Girija Shankar, IAS Prakasam 3. B. Rajashekar, IAS Srikakulam 4. V. Chinna Veera Bhadrudu, IAS Vizianagaram 5. J. Shyamala Rao, IAS Ananthapuramu 6. Y. Sri Lakshmi, IAS West Godavari 7. G. Vijay Kumar, IAS Kurnool 8. M.M. Naik, IAS Nellore 40. The contemnors gave oral undertaking and it is placed on record. 41. The contemnors shall send a photo of their visit to hostel every month to the Registrar (judicial) to enable him to keep in the case record after perusal of the Court. 42. If any contemnor failed to fulfill undertaking, the Registry shall reopen the contempt case and place before the Court. 43.
41. The contemnors shall send a photo of their visit to hostel every month to the Registrar (judicial) to enable him to keep in the case record after perusal of the Court. 42. If any contemnor failed to fulfill undertaking, the Registry shall reopen the contempt case and place before the Court. 43. For the aforesaid reasons, the apology tendered by the contemnors is accepted and the punishment is remitted. 44. Accordingly, this contempt case is closed. 45. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall stand closed.