IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
AKULA VENKATA SESHA SAI, D. RAMESH, JJ.
Beerakam Sekhar and Ors. – Appellants
Versus
Satish Chandra and Ors. – Respondents
LPA No. 4 of 2021
Decided On : 23-08-2021
Constitution of India, 1950 - Article 136, 226 - Contempt of Courts Act, 1971 - Sections 10, 11, 12, 19 – Appeal – Power of High court to issue writs - Writ petition filed by petitioners herein, and directed respondents in writ petition to regularize services of writ petitioners, subject to writ petitioners' possessing other requisite qualifications – Held, perusal of order passed by learned Single Judge manifestly discloses that at time of hearing matter, Proceedings, issued by 4th respondent, wherein University declined to consider regularization of appellants herein, were brought to notice of learned Single Judge - After extracting averments in counter-affidavit filed by 4th respondent and taking into consideration of speaking order, learned Single Judge, in impugned order, opined that there was no willful violation of orders passed in writ petition - It is also very much clear from reading of said order that learned Single Judge never commented on suitability or validity of speaking order - It is significant to note that in above referred judgment, Hon'ble Apex Court at Clause 10(n) made crystal clear neither an order declining to initiate proceedings for contempt nor an order initiating proceedings for contempt nor an order dropping proceedings for contempt nor an order acquitting or exonerating contemnor, is appealable under Section 19 of Contempt of Courts Act However, Hon'ble Apex Court further clarified that in special circumstances, challenge may be made under Article 136 of Constitution of India - Appeal is dismissed.
JUDGMENT :
Akula Venkata Sesha Sai, J.
1. This letters patent appeal is filed under Clause 15 of Letters Patent, questioning the order passed by the learned Single Judge of this Court in CC No. 789 of 2020, dated 07.05.2021.
2. The petitioners herein, by invoking the provisions of Article 226 of the Constitution of India, filed WP No. 20031 of 2018 before this Court. The learned Single Judge of this Court, by way of common order, dated 29.08.2019, allowed the batch of writ petitions, including the writ petition filed by the petitioners herein, and directed the respondents in the writ petition to regularize the services of the writ petitioners, subject to the writ petitioners' possessing other requisite qualifications.
3. Alleging willful disobedience of the said order, the petitioners herein initiated contempt proceedings against the respondents herein, by filing Contempt Case No. 789 of 2020 under Sections 10 to 12 of the Contempt of Courts Act, 1971. The Registrar of Sri Padmavati Mahila Visvavidyalayam, Tirupati vide Proceedings in ROC No. SPMW/Estt./NT/E/TS/2020, dated 05.11.2020, passed a speaking order, declining to accede to the request for regularizations of the writ petitioners. The learned Single Judge vide order, dated 07.05.2021 closed the Contempt Case No. 789 of 2020 and the operative portion of the said order reads thus:
The contempt case is, closed accordingly. No order as to costs."
4. In the above background, assailing the validity and legal sustainability of the said order passed by the learned Single Judge, present letters patent appeal has been filed.
5. Heard, Sri M. Pitchaiah, learned Counsel for appellants, Sri K.V. Raghuveer, learned Government Pleader for Education and Smt. Pulipati Radhika, learned Counsel appearing for the respondents.
6. It is contended by Sri M. Pitchaiah, learned Counsel for the appellants that the order passed by the learned Single Judge is contrary to law and inconsistent with the material placed on record. It is further contended by the learned Counsel for the appellants that having directed regularization of the services of the appellants herein in the order, dated 29.08.2019 in WP No. 20031 of 2018, in a positive manner, the learned Single Judge grossly erred in closing the contempt case. It is further urged by the learned Counsel for the appellants that the learned Single Judge travelled beyond the scope of the contempt case and made observations about the entitlement of the appellants herein for the regularization.
7. On the contrary, Sri K.V. Raghuveer, learned Government Pleader appearing for the respondents contends that the very letters patent appeal filed by the appellants herein is not maintainable in the absence of any order of punishment passed by the learned Single Judge under Section 19 of the Contempt of Courts Act. It is also further submitted by the learned Government Pleader that in pursuance of the orders of this Court in WP No. 20031 of 2018, the 4th respondent herein passed a speaking order on 05.11.2020, turning down the claim of the appellants for regularization of the services, as such, the learned Single Judge is justified in closing the contempt case. It is further submitted by the learned Government Pleader that the contention of the Counsel for the appellants that the learned Single Judge made observations with regard to entitlement of the petitioners for regularization, is also incorrect. In support of his submissions and contentions, the learned Government Pleader placed reliance on the judgment of the Common High Court of Andhra Pradesh in LPA
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