Taneeru Venkateswara Rao,And 17 v. Dist Educational Officer,Khammam Dist,And 5 Others
THE HON'BLE SRI JUSTICE P. NAVEEN RAO Contempt Case (TR) Nos.2, 4, 5, 6, 7, 11, 17, 18, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 38, 40 and 41 of 2017 COMMON ORDER:
On 8.8.2019, a detailed order was passed dealing with all the contentions urged by the Respondents in respect of their stand against non-compliance of the orders of the Tribunal. Having found that the action of the Respondents-District Educational Officers is in deliberate violation of the orders passed by the Administrative Tribunal, this Court issued notices to the Respondents in Form No.1.
2. Today, the District Educational Officers of Karimnagar, Warangal, Khammam and Nalgonda districts have appeared before the Court. On their behalf, the learned Special Government Pleader sought to contend that some more time may be given to address the Commissioner of School Education and the Principal Secretary to Government to persuade them to take a decision.
3. I do not see any bonafides in the said statement. Several opportunities were granted earlier and finally on due consideration of respective submissions, having found that disobedience was deliberate and willful, the contempt cases were admitted on 8.8.2019 and notices in Form No.1 were issued by granting four weeks time. Apparently, no efforts were made by the respondents to show their bonafides to implement the orders passed by the Tribunal even after contempt cases were admitted and now they seek leave of the Court to go before the Commissioner of School Education and the Government. Nothing prevented them from taking such steps earlier. In the facts of these cases, this is not an honest submission.
4. The learned Special Government Pleader also contends that these officers are recently posted and the records were not available to them. All these aspects were considered in the order dated 8.8.2019. The Court also takes note of the fact that these officers are working as District Educational Officers atleast for considerable time, but have not made any sincere endeavour for implementing the directions.
5. In view of the same, the Contemnors are held guilty of violating the directions of A.P. Administrative Tribunal in O.A.Nos. 144/06, 2997/10, 2206/10, 7553/10, 10078/11, 1498/10, 1329/10, 10287/11, 1296/10, 1639/10, 9867/11, 10345/11, 3442/11, 3047/10, 3157/10, 2948/10, 355/06, 10040/11, 10077/11, 558/12 & 1882/10 willfully and deliberately and are imposed with punishment to undergo simple imprisonment for a period of two months with fine of Rs.2,000/- (Rupees two thousand only). The fine amount shall be paid within a period of two weeks from the date of receipt of copy of this order. However, to enable the Contemnors to avail the remedy of appeal, four weeks time is granted to them. Sentence of simple imprisonment and fine is suspended for a period of four weeks. During the period of detention, the Commissioner of School Education shall deposit the subsistence allowance @ Rs.200/- (Rupees Two Hundred only) per day for each of the Contemnors.
6. The contempt cases are accordingly allowed. The miscellaneous petitions, if any, shall stand closed.
____________________ P. NAVEEN RAO, J Date: 5.9.2019 DA
THE HON'BLE SRI JUSTICE P. NAVEEN RAO Contempt Case (TR) Nos.2, 4, 5, 6, 7, 11, 17, 18, 26, 27, 28, 29, 30, 31, 32, 33, 34, 36, 38, 40 and 41 of 2017 5.9.2019 DA