IN THE HIGH COURT OF FOR THE STATE OF TELANGANA
M.S. Ramachandra Rao, J.
G. Lakshmi - Appellant
Versus
Benhur Mahesh Dutt Ekka And Others - Respondent
Contempt Case No. 3150 of 2018
Decided On : 28-02-2020
Indian Penal Code, 1860 - Section 182 and 420 - Regulation of Issue of Community Certificates Act, 1993 - Alleging wilful disobedience of the order - Interlocutory Application - Schedule Tribe category falsely claiming that she belongs caste and rejected - Held, Appearing for respondents, stated that the vacate stay application could not be decided by the learned single Judge within the time frame fixed by the Court. Therefore, the order in the Contempt Case was reserved - Affidavit in the Contempt Case, these are contentions on merits of the case of respondents in the Writ Petition and the said contentions cannot be taken into account in the present Contempt Case since the interim order, whose wilful disobedience is alleged by the petitioner, continues to be in force - It is unfortunate that in spite of giving opportunities to the respondents to comply with the said interim order, the same was not availed of by the respondents - Sentence of imprisonment imposed on the 2nd respondent is suspended for a period of four weeks - Petition dismissed.
JUDGMENT
M.S.Ramachandra Rao, J. - This Contempt Case is filed by the petitioner alleging willful disobedience of the order dt.01.02.2018 passed in Interlocutory Application Nos.1 and 2 of 2018 in Writ Petition No.2565 of 2018.
2. In the main Writ Petition, the petitioner had questioned G.O.Ms.No.2 Transport, Roads and Buildings (S&V) Department dt.18.01.2018 issued by the Principal Secretary, for the State of Telangana, Roads and Buildings (S & V) Department, Secretariat, Hyderabad and also the proceedings in G.O.Ms.No.2 Tribal Welfare (LTR) Department dt.10.01.2018, issued by the Tribal Welfare Department of the State of Telangana.
3. Under the latter order, the Tribal Welfare Department had determined that the petitioner, who was employed as District Transport Officer at Jogulamba Gadwal Village, had obtained employment as Junior Assistant on 22.05.1987 against the Roster Point No.33 meant for Schedule Tribe category falsely claiming that she belongs to Konda Kapu caste and rejected the Appeal No.6892 of 2017 filed by her under the Andhra Pradesh (S.C., S.T. & B.C.) Regulation of Issue of Community Certificates Act, 1993 confirming the order of the District Collector, Ranga Reddy District in proceedings No.C2/841/2007 dt.17.02.2010.
4. On the basis of the said order, the Principal Secretary, for the State of Telangana, Roads and Buildings (S & V) Department, Secretariat, Hyderabad, had issued G.O.Ms.No.2 dt.18.01.2018 terminating the services of petitioner and also directed her prosecution under Section 182 and 420 of Indian Penal Code.
5. After elaborately considering the matter and after hearing the counsel for petitioner and the Special Government Pleader, represented by the Additional Advocate-General for respondent nos.1 to 5 in the Writ Petition, and also Sri M. Surendra Rao, learned Senior Counsel for 7th respondent in the Writ Petition, this Court passed order on 01.02.2018 in Interlocutory Application Nos.1 and 2 of 2018 in Writ Petition No.2565 of 2018 suspending G.O.Ms.No.2 Tribal Welfare (LTR) Department dt.10.01.2018, issued by the Tribal Welfare Department of the State of Telangana, and also suspending G.O.Ms.No.2 Transport, Roads and Buildings (S&V) Department dt.18.01.2018 issued by the Principal Secretary, for the State of Telangana, Roads and Buildings (S & V) Department, Secretariat, Hyderabad.
6. Since the said order had not been implemented on 28.11.2018, the present Contempt Case has been filed alleging willful disobedience of the above order.
7. It is the contention of the Counsel for petitioner that petitioner was not allowed or permitted to join the service in spite of repeated representations dt.26.02.2018, 02.03.2018, 28.04.2018, 30.05.2018, 02.06.2018 and 22.06.2018.
8. 'Notice Before Admission' was ordered in the Contempt Case on 30.11.2018.
9. After service of notice on the respondents, time was sought on 14.06.2019 and 22.08.2019 to file counter-affidavit in the Contempt Case.
10. On 18.10.2019, Notice in Form-I was issued to the 2nd respondent since the interim order dt.01.02.2018 passed in Interlocutory Application Nos.1 and 2 of 2018 in Writ Petition No.2565 of 2018 was not implemented.
11. On 21.11.2019, the 2nd respondent appeared and he was granted three (03) weeks' time to comply with the order dt.01.02.2018 passed in Interlocutory Application Nos.1 and 2 of 2018 in Writ Petition No.2565 of 2018 without prejudice to his rights in the Writ Petition cautioning him that otherwise serious view in the matter would be taken.
12. When the matter was next listed on 13.12.2019, this Court was informed that Vacate Stay Application, viz., I.A.No.1 of 2019 was filed by the respondents in the Writ Petition.
13. Therefore, this Court directed the Contempt Case to be listed along with the said vacate stay application after obtaining orders from the Hon'ble The Chief Justice.
14. But, when the matter was listed on 27.12.2019, the vacate stay application was not listed along with the Contempt Case.
15. S
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