IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
RAVI NATH TILHARI, J.
N. Venkata Srinivasa Rao – Petitioner
Versus
Ch. C. Satyanarayana – Respondent
Contempt Case No. 2360 of 2017
Decided On : 07-02-2023
Constitution of India,1950 - Article 226 - Contempt of Court Act 1971 - Section 13 and Sub-Section (1) of 12 - Code of Criminal Procedure, 1973 - Section 421 - Appointed as Guest/part-time Teacher - Counter affidavit - Petitioner/applicant was appointed as Guest/part-time Teacher and continued till the academic year 2016-17 as such in the Department of Education - He filed W.P. to continue him as such for the academic and for the subsequent years with consequential reliefs - Held, Respondents 1 and 2 shall surrender before the Principal Senior Civil Judge-cum-Chief Judicial Magistrate, Chittoor to serve the sentence, and if they do not so surrender, Principal Senior Civil Judge-cum-Chief Judicial Magistrate - Recovery of fine shall be taken as per the provisions of Section 421 of the Code of Criminal Procedure, 1973 - Contempt case is allowed
JUDGMENT :
RAVI NATH TILHARI, J.
1. Heard Sri A. Rajendra Babu, learned counsel for the petitioner/applicant, Sri M. Radha Krishna, learned counsel for the 1st respondent-Professor Ch. P. Satyanarayana and Sri P. B. Vijay Kumar, learned senior counsel, assisted by Sri P. Ponna Rao and Sri P. Subash, learned counsels, appearing for respondent No. 2-Professor G.S.R. Krishna Murthy.
Factual Background:
2. The petitioner/applicant-Dr. N. Venkata Srinivasa Rao was appointed as Guest/part-time Teacher on 21.11.2012 and continued till the academic year 2016-17 as such in the Department of Education of Rashtriya Sanskrit Vidyapeetha, Tirupati, now known as “National Sanskrit University, Tirupati” (in short “University”) He filed W.P. No. 31900 of 2017 to continue him as such for the academic year 2017-18 and for the subsequent years with consequential reliefs.
3. In W.P. No. 31900 of 2017 this Court passed interim order dated 21.09.2017, which reads as under:
Issue notice to 2nd respondent.
Learned counsel for petitioner is permitted to take out personal notice on the 2nd respondent by RPAD and file proof of service thereof into Registry.
If there is any need, the respondents may consider the case of petitioner for his continuation on same terms, in accordance with rules.
Post after eight weeks.”
4. The order dated 21.09.2017 not having been complied, the petitioner filed the present contempt case bearing C.C. No. 2360 of 2017 on 14.11.2017 against Professor Ch. P. Satyanarayana, the then Registrar incharge of the University, present respondent No. 1.
5. In the writ petition, the University filed I.A. No. 1 of 2017 on 27.11.2017 to vacate the interim order dated 21.09.2017 along with the counter affidavit, taking the stand that there was no work load as the students strength was reduced, giving the details of such reduction, and thus, showing that there was no need for the engagement of the petitioner as guest faculty teacher.
6. I.A. No. 1 of 2017 was dismissed by this Court vide order dated 19.02.2018, rejecting the ground for vacation i.e. shortfall in the intake capacity of the students being no more a valid ground.
7. In spite of the order dated 19.02.2018, the 1st respondent passed the order dated 07.03.2018 that on consideration, the case of the petitioner was rejected since “there is no need or requirement.”
8. The order dated 07.03.2018 reads as under:
9. Challenging the order, dated 19.02.2018, the University filed W.A. No. 553 of 2018 which was dismissed on 18.07.2018 finding no ground to interfere.
10. The order dated 07.03.2018 was passed after rejection of I.A. No. 1 of 2017 in the writ petition, but before filing of the writ appeal.
11. After the dismissal of the writ appeal, no orders were passed to comply with the interim order dated 21.09.2017.
12. In the contempt case, notice was issued to the present 1st respondent on 30.11.2017, who filed counter affidavit on 27.03.2018.
13. On 28.12.2018 this Court issued notice in Form-I to the present 1st respondent.
14. Pending the contempt case, Professor G.S.R. Krishna Murthy, was appointed as Registrar in-charge of the University. Writ Appeal was filed by the University through him and he was impleaded as respondent No. 2 in the Contempt Case making the sole respondent, as respondent No. 1.
15. On 18.02.2019 notice was issued to the present 2nd respondent. He filed counter affidavit on 21.02.2019.
16. On 20.07.2022 charge was framed against the 1st respondent, as also against the 2nd respondent in their presence as also in the presence of their respective counsels.
17. Charges were read over and explained to both the respondents an
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Contempt - Appellant can be exonerated for contempt of court giving benefit of doubt as he tendered unconditional apologies sincerely for the delay in implementation of the order of the court with al....
Willful disobedience of a court order, even if based on negligence or carelessness, constitutes contempt of court and may result in imprisonment and fine.
if any lenient view is taken against such type of offences, who are not implementing the orders of this Court, years together, and implementing Court orders only after directing their appearance befo....
Contempt of court requires willful disobedience of a court order; mere delay, especially under extenuating circumstances, does not constitute contempt.
The Court held that mere non-compliance with interim orders does not constitute contempt unless it is demonstrated that such disobedience was wilful and deliberate.
Contempt of court involves willful disobedience of court orders, which undermines judicial authority, emphasizing the need for compliance to maintain public confidence in the justice system.
Wilful disobedience, as an essential element of civil contempt, requires a high standard of proof beyond reasonable doubt and involves a mental element of intentional, conscious, and calculated condu....
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