APHC010089262025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI CONTEMPT CASE NO: 839/2025 Between:

1. Y ALLA DURGA PRASAD, S/O. VENKATA RAMANA, D.NO.2-15 DURGAMMA ST., IRRIPAKA VILLAGE AND P.0, JAGGAMPETA-

533435.KAKINADA DISTRICT ...PETITIONER AND

1. B ALABHADRAPU VEERABHADRA RAO, S/O NOT KNOWN TO PETITIONER WORKING AS THE EXECUTIVE ENGINEER, OPERATION, APEPDCL, JAGGAMPETA DIVISION. KAKINADA DISTRICT

2. K OLLI RATNALA RAO, S/O NOT KNOWN TO PETITIONER PRESENT WORKING AS THE EXECUTIVE ENGINEER, OPERATION, APEPDCL, RAMACHANDRAPURAM DIVISION.THEN WORKED ON EXECUTIVE ENGINEER OPERATION JAGGAMPETA DEVISION

3. K RANTHI CONSTRUCTIONS CIVIL, ELECTRICAL AND TRANSPORT CONTRACTOR, REP BY ITS MANAGING PARTNER TODETI DEVADANAM, R/O. D.NO.2-169, KOTHA PETA, BOMMURU RAJAHMUNDRY RURAL, E.G.DIST., - 53312 ...CONTEMNOR(S):

Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to punish the respondents under section 10 to 12 of the Contempt of Courts Act for willfully and deliberately disobeying the order of this Honble Court passed in W.P.No.17654 of

2024 dated dt.12-08-2024 and to pass such Counsel for the Petitioner:

1. VIJAYA KUMAR SATA Counsel for the Contemnor(S):

1. V V SATISH (SC for APEPDCL)

The Court made the following:

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 6^th 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 3^rd 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 6^th respondent in the writ petition and the 3^rd 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 may, the Executive Engineer, Operation, APEPDCL, Jaggampeta Division, addressed a letter to the Contractor pointing out the negligent attitude of the petitioner in discharging duties, resulted in the removal of the petitioner by a separate proceeding. By interim order, this Court suspended the communication of the Executive Engineer to the outsourcing agency. No specific direction was given by this Court directing the outsourcing agency to re-engage the petitioner.

6. The contempt case was filed in February, 2025. Notice to the respondents was ordered on 28.03.2025.

7. A counter affidavit was filed on behalf of the respondents 1 and 2. It was contended, inter alia, that the contract period of the 3^rd respondent-outsourcing agency was completed on 31.12.2024 and the contract was issued to M/s Power Solutions on 01.01.2025. The appointment of the petitioner is not in the hands of respondents 1 and 2. The contractor is the final authority either for the appointment or removal of the Shift Operator.

8. Heard Sri Vijaya Kumar Sata, learned counsel for the petitioner and Sri V.V.Satish, learned counsel for the respondents 1 and 2.

9. Learned counsel for the petitioner would submit that, despite the interim order, the respondents 1 and 2 failed to engage the petitioner as a shift operator. He would