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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SUBBA REDDY SATTI
Yalla Durga Prasad, S/o. Venkata ramana – Appellant
Versus
Balabhadrapu Veerabhadra Rao – Respondent
ORDER :
The above contempt case is filed complaining violation of interim order dated 12.08.2024 in W.P.No.17654 of 2024.
2. The petitioner filed the aforementioned writ petition impugning the proceedings vide Lr.No.EE/O/JPT/CASH/JAO/JA1/ D.No.154/2024 dated 25.07.2024, issued by the Executive Engineer, Operation, APEPDCL, Jaggampeta Division and consequential proceedings dated 30.07.2024 issued by the 6th respondent removing the petitioner from the services as Shift Operator, as illegal and arbitrary.
3. An ad interim order was passed on 12.08.2024 suspending the proceedings dated 25.07.2024 issued by the 3rd respondent.
4. The petitioner was engaged as a shift operator in Irripaka Sub- station, Jaggampeta Section of APEPDCL on 10.01.2021 through Abhinaya Enterprises on contract basis initially. Though the petitioner was engaged through Abhinaya Enterprises, an outsourcing agency, after the expiry of the contract period, another agency, Kranthi Constructions, the 6th respondent in the writ petition and the 3rd respondent in the contempt case, continued the petitioner as a Shift Operator. There is no employer and employee relationship between the petitioner and APEPDCL.
5. Be that as it
The absence of existing vacancies negated the claim of willful disobedience necessary for a contempt finding under the Contempt of Courts Act, 1971.
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.
An appeal cannot be maintained against a discharge of a contempt rule under Section 19 of the Contempt of Courts Act, 1971, but a Letters Patent Appeal is permissible if the lower court exceeds its j....
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