THE HON’BLE SMT. JUSTICE T.MADHAVI DEVI CONTEMPT CASE No.2078 of 2023

ORDER

This Contempt Case is filed alleging willful disobedience and violation of the interim orders of this Court dated 04.08.2023 in W.P.No.17983 0f 2023 and seeking punishment under Sections 10 to 12 of the Contempt of Courts Act for the said disobedience and to pass such other order or orders in the interest of justice.

2. The petitioner had filed a writ petition challenging the action of the respondent No.2 in not releasing the salaries from 06.06.2022 till the date of filing of the writ petition on the ground that though she joined duty and was admitted to duty by the respondent No.3, the respondent No.2 is not relieving the petitioner to render her services to work as D.P.M. in D.R.D.A., Medchal-Malkajgiri District on deputation basis, as illegal, arbitrary and consequently, to direct the respondents to pay the salaries from June-2022 till the date of filing of the writ petition, duly issuing the posting orders by dropping the show cause notice issued by the respondent No.2.

3. This Court, after hearing the counsel for both parties, as an interim measure, has observed that there is no severance of service of the petitioner and therefore, directed the respondents to pay the salary to her as per her entitlement within a period of four weeks from the date of receipt of a copy of the order. Thereafter, the petitioner claims to have made a representation dated 14.08.2023 to the respondents for making payment of salary to her and since no reply was given, a legal notice was issued to the respondents on 09.09.2023 and as no further action was taken thereon, this Contempt Case has been filed.

4. Learned Government Pleader for Services-II appearing for the respondents No.4 and 5, has filed a counter affidavit stating that in compliance with the directions of this Court, the representation of the petitioner was examined and was rejected as she was paid till the period she attended duties. It is stated that the petitioner had remained unauthorizedly absent and accordingly Proceeding dated 12.10.2023 has been issued and a copy of the same is also annexed to the counter affidavit.

5. Learned counsel for the petitioner submitted that these proceedings are in clear violation of the directions of this Court. It is submitted that instead of making the payment of salary, the respondents have initiated disciplinary action against the petitioner for unauthorized absence and no posting orders were given and the petitioner was not allowed to work and hence, the non-payment of salary is in clear violation of the directions of this Court. He also furnished the copy of the Proceedings dated 19.12.2024, wherein the stand taken in the Proceedings dated 12.10.2023 is reiterated.

6. Learned counsel for the petitioner has filed a Memo dated 18.11.2024 stating that non-payment of salary or subsistence allowance to the petitioner during the course of disciplinary proceedings amount to non-compliance with the directions of this Court and therefore, the respondents are liable for action under the Contempt of Courts Act. It is further submitted that after the petitioner submitted her joining report on 06.06.2022, disciplinary proceedings were initiated against her on 20.06.2022 and the disciplinary proceedings were continued for a period of two years and during this period also, she has not been paid salary or subsistence allowances and therefore, the directions of this Court to pay the salary to her in accordance with her entitlement have been violated. Along with the memo, he has enclosed the copy of the representation of the petitioner dated 15.11.2024 and also the Memorandum of the General Administration (I&E) Department, dated 16.01.2024, wherein all the departments have been directed to follow the instructions issued in G.O.Ms.No.2, dated 04.01.2006 i.e., the amount of subsistence allowance shall be restricted to 50% in all cases where a prima-facie case is established on charges of c