J. Kantha Rao, v. Sri C. Partha Sarathi, I.A.S.,

THE HONOURABLE SRI JUSTICE M.S. RAMACHANDRA RAO Contempt Case No.251 of 2019 ORDER :

This Contempt Case has been filed alleging willful disobedience of the order dt.09.02.2018 passed in Interlocutory Application No.1 of 2018 in Writ Petition No.2744 of 2018. 2.

The said order reads as under :

"Pending further orders, there shall be stay for a period of two (02) weeks from today of the proposed promotions of ADA's as DDA's for the current and coming panel years pursuant to Memo No.278/2017 dt.23.01.2018.

The Government Pleader for Services shall file an affidavit stating when Provisional Integrated Seniority List of ADAs was notified, when objections were called for to the said list, and when the seniority list was finalized, within a period of ten (10) days from today.

Post on 20.02.2018 in ML."

3.

This Contempt Case has been filed alleging that in spite of the said order a Memo No.6946/Agri.I/2018 dt.24.10.2018 was issued by 1st respondent to 2nd respondent seeking proposals along with ACRs for the last five (5) years and relevant material of ADAs, etc., for promotion for the panel year 2018-19 to the Government. 4.

In the counter-affidavit filed by respondents it was contended that there was a bona fide mistake on the part of respondents in presuming that the interim order passed by this Court survived only

MSR,J cc_251_2019 ::2::

for six (06) months, and required a further extension for it to be in force.

5.

But, later after the contempt case was filed, legal opinion of the Additional Advocate General was taken who advised for withdrawal of the said proceedings dt.24.10.2018. Accordingly, a Memo No.6946/Agri.I/2018, dt.28.08.2019 was issued withdrawing the earlier Memo dt.24.10.2018.

6.

Since the respondents appear to be under bona fide mistake and have taken steps to correct their action and implement the order passed by this Court, the present Contempt Case is closed with liberty to petitioner to approach this Court in the event there is any fresh violation of its order. No order as to costs. 7.

As a sequel, miscellaneous petitions pending if any in this Contempt Case, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 21.11.2019 Ndr/*