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IN THE HIGH COURT OF ANDHRA PRADESH
BATTU DEVANAND, J.
R V Papa Rao – Appellant
Versus
Mr. Arjun Rao, I.A.S – Respondent
Contempt Case No.1112 of 2020
Decided On : 09.04.2021
Contempt of Court Act, 1971 – Section 10 to 12 - Disciplinary proceedings – Grant of wages - Wilful disobedience in implementing the orders of Court - Though sufficient time is lapsed from date of representation respondents did not choose to implement orders of this Court and having fully deliberately wantonly violated orders of this Court and as such they are liable for punishment under provisions of Contempt of Court Act, 1971 –
Finding of the Court:
Respondent is Assistant Commissioner Cadre Officer in Endowments Department and he is also discharging duties as Executive Officer/Correspondent of Smt. College for Women - Petitioner is working in the said College as an Attendee - It is responsibility of respondent to see that the payments for which the petitioner is legally entitled for work discharged by him without any delay to enable him for his survival and to feed his family - Because of careless and lawlessness attitude of respondent petitioner and his family suffered a lot for non-implementation of orders of this Court - Under these circumstances apology tendered by respondent is not acceptable and in the opinion of this Court it is not bonfire - Besides this if any lenient view is taken against such type of offences who are not implementing orders of this Court years together, and implementing Court orders only after directing their appearance before Court in opinion of this Court, it will send wrong message to such type of Government officers - A Four Judge bench of Hon’ble Apex Court in State of Punjab made the following observations which would throw considerable light on question before us - Apology is an act of contrition - Unless apology is offered at earliest opportunity and in good grace apology is shorn of penitence - If apology is offered at a time when contemnor finds that Court is going to impose punishment it ceases to be an apology and it becomes an act of a cringing coward - High Court was right in not taking any notice of appellants expression of apology without any further word –
Result: Appeal allowed
ORDER :
1. Heard Sri V.S.K. Rama Rao, learned counsel for the petitioner, Smt. P. Rajini Reddy, learned counsel appearing for the 1st respondent, Smt. K.V. Raghuveer, learned counsel appearing for the respondent Nos.2 and 3, Sri K. Mdhava Reddy, learned counsel appearing for the 4th respondent and perused the material available on record.
2. Aggrieved by non-compliance of the order, dated 01.11.2018 passed by this Court in I.A.No.1 of 2018 in W.P.No.42163 of 2017, the petitioner filed the present Contempt Case under Sections 10 to 12 of the Contempt of Court Act, 1971, seeking to punish the respondents for wilful, deliberate, wanton violation of the orders of this Court.
3. This Court passed interim order, dated 1.11.2018 I.A.No.1 of 2018 in W.P.No.42163 of 2017 as extracted hereunder:
4. It is submitted by the learned counsel for the petitioner that immediately after receipt of the order copy, the petitioner submitted representations to the Respondents on 05.12.2018, 19.12.2018 and 04.11.2019. Though sufficient time is lapsed from the date of representation, the respondents did not choose to implement the orders of this Court and having fully, deliberately, wantonly violated the orders of this Court, and as such, they are liable for punishment under the provisions of Contempt of Court Act, 1971.
5. Learned counsel for the petitioner submits that the petitioner was appointed as an Attender in SKR College for Women, Rajamahendravaram on 03.07.2005 on consolidated pay of Rs.1,000/- per month. He is rendering services in the institution and the services of the petitioner are equally to that of the regular employees and there are no difference between the services rendered by him with relation to duties, functions and responsibilities. As such, he is eligible for the extension of time scale attached to the said post.
6. The 1st respondent filed his counter-affidavit on 19.01.2021, I additional counter-affidavit filed on 29.01.2021 and II additional counter-affidavit filed on 24.02.2021.
7. In the counter-affidavits, the 1st respondent submits that he has taken charge as Special Commissioner, Endowments Department on 20.05.2020. By the time of he has taken the charge as Special Commissioner of Endowments, the concerned file is not in running state and the concerned Section has not placed the file before him till the date of order of this Court directing him to appear before the Court personally. He has initiated disciplinary proceedings against the concerned.
8. The 1st respondent submits that to meet the work load in the subject college, its Correspondent choose to take the services of some persons on consolidated payment. Likewise, the services of the petitioner were taken by the Correspondent on consolidated pay vide Proceedings, dated 03.07.2005. The services of the petitioner was taken initially on consolidated pay of Rs.1,000/- per month and the same has been enhanced from time to time by the Correspondent of the subject college. Records disclose that at no point of time, the Correspondent of the college has obtained prior permission from the Commissioner, Endowments Department either for taking the services of the petitioner on consolidated pay or for enhancement of consolidated pay to him from time to time till so far.
9. The 1st respondent submits that as per the Government Memo No.36021/32/Endowments-I(2)/2018-1, dated 04.07.2018 and proceedings in Rc.No.A11059511/2018, dated 20.07.2018 issued by the Commissioner of Endowments, Government of Andhra Pradesh, instructions were issued to extend minimum time scale of pay to NMRs/Contract employees payable to corresponding post of regular employees in the Last Grade Services without allowances suc
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