Research › Search › Judgment

Andhra High Court · body

2023 DIGILAW 160 (AP)

P. N. Nagaraju v. M. T. Kishna Babu

2023-01-19

BATTU DEVANAND

body2023
JUDGMENT Battu Devanand, J. - This Contempt Case has been filed complaining wilful disobedience on the part of the respondents in wilful disobeying the implementation of the Order dated 01.11.2019, in W.P.No.34182 of 2012 of this Court. 2. This Court while disposing Writ Petition No.34182 of 2012 on 01.11.2019, passed the following Order: 'Therefore, it is appropriate to direct the petitioners to approach the Regional Manager concerned of the APSRTC and produce a photo copy of the Provisional National Trade Certificate possessed by them and upon such production, the Regional Manager concerned shall take the same into account for adding appropriate marks for selection purpose, and pass appropriate orders about their selection or otherwise as Shramiks and communicate the same to the petitioners within two weeks from the date of production of Provisional National Trade Certificate.' 3. The learned counsel for the petitioners submit that in compliance of the direction of this Court, the petitioners had submitted Provisional National Trade Certificates along with a representation dated 23.11.2019 to the 2nd respondent, but till now, further action has not been initiated by the respondents and Orders of this Court are not complied with true letter and spirit. The learned counsel contends that as such, the respondents have committed Contempt of Court, which is punishable under the provisions of Contempt of Court Act. 4. The learned counsel appearing for the respondent No.1 and 2 submits that the 1st respondent is the Managing Director of the Andhra Pradesh Road Transport Corporation and while disposing the Writ Petition, this Court issued directions to the 2nd respondent i.e., Regional Manager concerned of the A.P.S.R.T.C., and as such the 1st respondent is not proper and necessary party to this Contempt Case, as there is no specific directions issued to the 1st respondent. 5. This Court finds some force in the contention of the learned counsel for the respondents. On careful perusal of the directions of this Court passed in the Order dated 01.11.2019, there is no any specific direction to the 1st respondent. In view of the same, in our considered view, the 1st respondent is not proper and necessary party to this Contempt Case. Accordingly, this Contempt Case can be dismissed against the 1st respondent. 6. Accordingly, this Contempt Case is dismissed against the 1st respondent. 7. In view of the same, in our considered view, the 1st respondent is not proper and necessary party to this Contempt Case. Accordingly, this Contempt Case can be dismissed against the 1st respondent. 6. Accordingly, this Contempt Case is dismissed against the 1st respondent. 7. As per the contention of the learned counsel for the petitioners and respondents, the petitioners had submitted Provisional National Trade Certificates along with a representation dated 23.11.2019 to the 2nd respondent. As per the direction of this Court, the 2nd respondent shall take the Provisional National Trade Certificates produced before him by the petitioners into account for adding appropriate marks for selection purpose and pass appropriate Orders about their selection or otherwise as Shramiks and he has to communicate the same to the petitioners within two weeks from the date of production of the Provisional National Trade Certificates. As both the counsel accepted that the petitioners produced Provisional National Trade Certificates before the 2nd respondent on 23.11.2019, the 2nd respondent ought to have considered the same for adding appropriate marks for selection purpose and pass appropriate Orders about their selection or otherwise on or before 07.12.2019. 8. The learned counsel appearing for the respondents submit that the orders passed by the 2nd respondent were sent to the petitioners through registered post and the same was refused by them on 13.12.2022. The learned counsel appearing for the 2nd respondent placed zerox copies of the returned Registered Post envelopes to satisfy the Court that they have sent the Orders through Registered Post and the same was refused by the petitioners. 9. We have gone through the same. It appears the Registered Post envelopes contain endorsement of the Postal Department staff mentioning it's refused. As per the settled law, refusal has to be treated as deemed service. 10. However, when this Court passed Order dated 01.11.2019, granting two weeks time to communicate the Orders passed by the 2nd respondent to the petitioners and making attempt by the 2nd respondent to communicate the said decision by registered post only in the month of December-2022, (i.e) after Three years is nothing but violation of the Court orders and it amounts to wilful disobedience in complaining the Orders of the Court. If there is a delay for two weeks or three weeks from the time stipulated by the Court, one can understand that it is an administrative delay, but in the instance case, there is a delay of Three years in complying the Orders of the Court. If any order was passed by the 2nd respondent in compliance of the orders of this Court at an early point of time and it was communicated to the petitioners, they would get an opportunity to challenge the same before the appropriate Court of law, if they were aggrieved by the decision of the 2nd respondent. Without communicating the same for Three years and making attempt to communicate the same after Three years to the petitioners, this Court ought to have suspect, whether the Order passed by the 2nd respondent is bonafide, genuine or anti-dated. This Court is unable to understand as to what are the circumstances that prevented the 2nd respondent to communicate the decision taken by him within the time stipulated by the Court. Due to his lethargic attitude, undoubtedly, the petitioners suffered irreperable loss. They lost right to challenge the said proceedings in appropriate time in appropriate Court. 11. For the reasons stated above, in our considered opinion, the 2nd respondent has committed wilful disobedience of the Orders passed by this Court dated 01.11.2019, and found guilty of Contempt of Court and as such, he is liable for the punishment under the provisions of Contempt of Court Act. 12. Accordingly, this Contempt Case is allowed with respect to the 2nd respondent and the contemnor is sentenced to undergo Simple Imprisonment for a period of one (01) month and to pay fine of Rs.1,000/- (Rupees one thousand only), failing to pay the fine amount, he has to suffer Simple Imprisonment for one week. 13. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any pending, shall stand closed. 14. After pronouncing the above order, learned counsel for Contemnor requested this Court to suspend the above order, so as to enable him to prefer an appeal. 15. At request of the learned counsel for Contemnor, the above order is suspended for a period of two (02) weeks. As a sequel, miscellaneous petitions, if any pending, shall stand closed. 14. After pronouncing the above order, learned counsel for Contemnor requested this Court to suspend the above order, so as to enable him to prefer an appeal. 15. At request of the learned counsel for Contemnor, the above order is suspended for a period of two (02) weeks. In case, no appeal is preferred or no stay is granted by the Appellate Court in the appeal, if any preferred, Contemnor shall surrender before Registrar (Judicial), High Court of Andhra Pradesh on 02.02.2023 before 05.00 p.m to undergo sentence.