The court permits withdrawal of contempt proceedings without prejudice based on claims of non-implementation of prior judgments.

Anil K. Narendran, J.

This contempt case is one filed by the petitioner in O.P.(KAT)No.330 of 2019, invoking the provisions under Section 19 (1) of the Contempt of Courts Act , 1971, alleging willful disobedience of the directions contained in the judgment of this Court dated 28.02.2022 in that original petition.

2. The Secretary of the Kerala Public Service Commission is arrayed as the respondent in this contempt case filed on 11.08.2022. The said judgment of the Division Bench was under challenge in SLP(C)No.2571-72 of 2024 (Diary No.50953 of 2023). The Apex Court granted an interim order dated 16.01.2024, which reads thus;

“Applications for exemption from filing a certified copy of the impugned judgment and exemption from filing official translation are allowed.

Delay condoned.

Prima facie, it appears to us that the clarification issued under the impugned order modifies the judgment in the main matter which has attained finality.

Issue notice returnable on 19^th March, 2024.

Mr. Himinder Lal, learned counsel takes notice on behalf of the respondent No.1, on caveat.

We make it clear that no action shall be taken against the petitioner-Commission on the basis of the directions contained in the impugned judgment.”

3. Thereafter, the SLP(C)No.2571-72 of 2024 were dismissed by Annexure A9 order dated 30.07.2025 of the Apex Court.

4. Heard the arguments of the learned Senior Counsel for the petitioner and also the learned Standing Counsel for Kerala Public Service Commission for the respondent.

5. During the course of arguments, it is submitted by the learned Senior Counsel for the petitioner that though the Kerala Public Service Commission has already issued an advice memo, no order of appointment has been issued by the Director of Vocational Higher Secondary Education (presently, Director of General of Education). Therefore, the learned Senior Counsel seeks permission to withdraw this contempt case, without prejudice to the right of the petitioner to file a contempt case against the 2^nd respondent in OP(KAT)No.330 of 2019 (presently, Director of General of Education).

Based on the aforesaid made by the learned Senior Counsel for the petitioner, this contempt case is closed, without prejudice to the aforesaid right of the petitioner.