2024 Supreme(Online)(TEL) 24393
THE HONOURABLE DR.JUSTICE G.RADHA RANI CONTEMPT CASE No.2130 of 2022
ORDER:
This Contempt case is filed by the petitioner under Section 10 to 12 of Contempt of Courts Act to summon the respondents and to punish them suitably for the willful and deliberate disobedience of the order passed by this Court in W.P No.13116 of 2004, dated 15.06.2022 and to pass such other orders as it deems fit and proper in the circumstances of the case.
2. Heard Sri Srinivasa Srikanth, learned counsel for the petitioner as well as Party-in-Person and Sri Vidya Sagar, learned Senior Counsel for the respondent Nos.1 to 3.
3. Learned counsel for the petitioner submitted that aggrieved by the action of the respondent No.1 in imposing the punishment of stoppage of one increment with cumulative effect vide proceedings dated 31.01.2001 and 18.04.2002 issued by the respondent No.2 in rejecting the appeal filed by the petitioner and also proceedings dated 28.01.2004 issued by the respondent No.3 rejecting the revision filed by the petitioner, the petitioner filed W.P No.13116 of 2004 and the same was allowed vide order dated 15.06.2022 as follows:
“Accordingly, the writ petition is allowed setting aside the impugned final orders, dated 31-01-2001, passed by the disciplinary authority, respondent No.1, orders dated 23-01- 2004, orders dated 18-04-2002 passed by the appellate authority, respondent No.2, and also the orders of the revisional authority, respondent No.3, dated 28-01-2004. The respondents are directed to pay all the monitory benefits to the petitioner for the punishment period i.e. from 08-02-
2001 to 07-02-2002”.
4. Duly enclosing the copy of the order passed by this Hon'ble Court in WP No.13116 of 2004, dt.15-06-2022, the petitioner submitted a representation dt.20- 07-2022 to the 3rd respondent requesting to implement the order passed by this Court in the above writ petition. Inspite of receipt of the said representation, no order has been passed so far. The above inaction of the respondents in not passing any order as directed by this Court, is wholly contemptuous and amounts to showing disrespect and deliberate disobedience of the order in WP No.13116 of 2004 dated 15-06-2022. It would show that the respondents have no respect for the order passed by this Court. As such, prayed to punish the respondents suitably for the willful and deliberate disobedience of the order passed by this Court in WP No.13116 of 2004 dated 15-06-2022. 5. Learned Senior Counsel representing the respondent Nos.1 to 3 submitted that though the petitioner was issued with punishment order dated
31-01-2001, the said punishment was not implemented. The petitioner was not deprived of any monetary benefits, consequent to the punishment orders. Therefore, no further steps were required to be taken by the respondents for release of consequential monetary benefits to the petitioner.
5.1. He further submitted that pursuant to another disciplinary proceedings, the petitioner was also issued with a memo dated 20-12-2001 imposing punishment of stoppage of three increments with cumulative effect besides seeking the period of suspension from 08-02-2001 to 05-09-2001 as Dies Non. Aggrieved by the same the petitioner filed W.P No.4226 of 2004 and the said writ petition was dismissed vide order dated 17-06-2022. The petitioner retired from service on medical invalidation on 20-06-2003. As per the orders of this Court in W.P No.13116 of 2004, the writ petitioner was entitled for increment due on or after 31-01-2001. However, he was under suspension for the period from 08-02-2001 to 05-09-2001. The said order was treated as Dies Non vide orders dated 20-12-2001 besides imposing punishment of three increments with cumulative effect. Therefore, the writ petitioner was not entitled to the increments due on or after 20-12-2001. In terms of the orders in W.P No.13116 of 2004 the next increment due to the petitioner on 01-07- 2001 was not released due to the punishment order dated 20-12-2001 which had been confirmed vide order dated 17-06-2022 in W.P No.4226 of 2004.