IMPORTANT POINT
Contempt proceedings are unwarranted if compliance with court orders is achieved prior to the initiation of such proceedings.

JUDGMENT :

(Sumathi Jagadam, J.)

1. The appellant/contemnor filed the contempt appeal challenging the order dated 28.06.2024 in C.C.No.6916 of 2023 passed by the learned Single Judge.

2. The case of the respondent herein is that he is petitioner in the writ petition. He worked as a Revenue Officer in the Office of the Commissioner, Machilipatnam Municipal Corporation. He was falsely implicated in a criminal case by the ACB authority and was placed under suspension vide proceedings dated 27.02.2022. Pending a criminal case, he made a representation seeking to reinstate him into service. In pursuance of the said representation, the Commissioner & Director of Municipal Administration (for short 'the C&DMA') passed orders dated 17.10.2022 directing the Commissioner, Machilipatnam Municipal Corporation, to allow the petitioner to join into service. As the Commissioner, Machilipatnam Municipal Corporation has not acted upon the proceedings issued by the C&DMA, the petitioner filed Writ Petition No.13125 of 2023.

3. Learned Standing Counsel for the Commissioner, Machilipatnam Municipal Corporation, placed written instructions before the Court and submitted that the writ petitioner had approached the Office of the Commissioner, Machilipatnam Municipal Corporation only once, and thereafter, he did not turn up seeking implementation of the orders passed by the C&DMA, as such, the Commissioner, Machilipatnam Municipal Corporation, was unable to comply with the orders issued by the C&DMA.

4. On 12.05.2023, the writ petition was disposed of, directing the writ petitioner to approach the Commissioner, Machilipatnam Municipal Corporation, seeking reinstatement of his services, in view of the order dated 17.10.2022 passed by the C&DMA within a period of ten days. Thereupon, the Commissioner, Machilipatnam Municipal Corporation, shall consider the same and pass appropriate orders within a period of two weeks thereafter.

5. The writ petitioner made representation dated 26.05.2023 seeking implementation of the orders dated 12.05.2023. As the orders in the writ petition were not implemented, the writ petitioner has filed C.C.No.6916 of 2023. The learned Single Judge has elaborately dealt with the matter in C.C.No.6916 of 2023 and, by an order dated 28.06.2024, allowed the contempt case directing the Commissioner, Machilipatnam Municipal Corporation, to undergo simple imprisonment for a term of six months and to pay a fine of Rs.2,000/-. Aggrieved by the orders dated 28.06.2024 in C.C.No.6916 of 2023, the contemnor preferred the instant contempt appeal.

6. Sri C. Raghu, learned Senior Counsel, appearing on behalf of Ms. V. Sesha Kumari, learned counsel for the appellant/contemnor, argued that on 06.07.2023, vide proceedings in Roc.No.R- 4905666/2021/C1/C2, the C&DMA directed the Commissioner, Machilipatnam Municipal Corporation, to implement the orders issued vide Roc.No.R-4905666/2021/C1/C2 dated 17.10.2022. The appellant has passed orders dated 21-07-2023 in the office file permitting the writ petitioner to join, but the Duty Manager has not prepared the proceeding and placed the same before the appellant. In the meantime, the appellant was transferred from Machilipatnam to Eluru.

7. It may be noted that before issuing a notice to the contemnor in the contempt application, the order passed by the Court was already implemented on 21.07.2023. Even though counter was filed in the month of March 2024, the said crucial aspect was not mentioned in the counter. The appellant/contemnor has pleaded in the additional affidavit filed by him in the contempt case that after receipt of notice, he contacted the present Commissioner, and after obtaining revocation orders of Model Code of Conduct from the Election Commission of India, the present Commissioner of Machilipatnam Municipal Corporation has issued proceedings reinstating the writ petitioner into service vide order in Roc.No.1298/2022-C1 dated 07.06.2024, and on the same day, the writ petitioner has joined du