M.A. Ratan Kumar v. B. Venkatesh
I s2s21
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA CONTEMPT CASE NO: 1416 OF 2024 Contempt Case under Sections '10 to 12 of Contempt of Courts Act 1971, to punish the Respondents for wilfully and deliberately violating orders dated. 13.03 2024 in W.P. No. 32956 o'f 2023.
Between:
M.A. Ratan Kumar, S/o. Joseph, Male, Aged. 67 years, Occupation. Deputy Director of Adult Education, (Retd.), C/o. T. Ajit Raj, D.No.26-2411, Sai Street, Ameenapetam, Eluru, Eluru District.
..PETITIONER AND 'l . B Venkatesh, State of Telangana Rep. by its Chief Secretary to Government (Adult Education) T-S. Secretariate, Hyderabad.
2. G. Usha Rani, Director, Adult Education, Telangana, Saifabad, Hyderabad - 500 004
3. G. Usha Rani, Member Convenor, Telangana State Literacy Mission Authority, Hyderabad.
4. Jitendra Sudhakar Karape, Director of Accountant General (A and E), a A.P. and T.S. Saifabad, Hyderabad, Telangana State. ...RESPONDENTS Counsel for the Petitioner: SRl. B P RAJU Counsel for the Respondents: GP for Services I The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA CONTEMPT CASE No.14L6 OF 2024 ORDER:
/ Heard Sri B.P. Raju, learned counse! appearing on behalf of the petitioner, learned Assastant Government pleader for Education, appearing on behalf of respondent Nos.1 to 3 and Sri K. Eala Krashna, learned Standing Counsel for Accountant General, appearing on behalf of respondent No.4.
2.
This Contempt Case is filed complaining violation of the order of this Court dated 13.03.2024 passed in W.P.No.32956 of 2.023.
3.
The operative oortion of the order dated 13.03.2024 passed in W.P.No.32956 of 2023 is extracted hereunder:
4. "In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader appearing on behalf of respondents, the respondents are directed to consider the representations of the petitioner dated 12.05.2021 and 05.02.2022 for refund of Rs.3,58,000/- along with interest @ 2/- per hundred and per month and damages of Rs.5,00,000/- in accordance to law and pass appropriate orders within a period of three weeks from the date of receipt of a copy of the order in conformity with principles of natural justice and communicate the decision to the petitioner."
4. Learned Assistant Government pleader for Education, appearing on behalf of respondent Nos.1 to 3 places on record the Memo.No.4276/ SE. prog.t/ At/ 2024 dated 76.08.2024 and submits that the order of this Court dated 13.03.2024 passed in W.P.No.32956 of 2023, had been comptied with and representations of the petitioner dated 12.05.2021 and 05.02.2022 for refund of Rs.3,58,000/- along with interest @2/_ per hundred and per month and damages of Rs.5,00,00 O/-, had been considered and detailed reasoned proceedings dated 16.0A.2024 had been issued to the petitioner informing him that the disciplinary authority i.e., Director of Adult Education, Telangana, Hyderabad is justiFying recovery of the subject amount from the petitioner and the petitioner is not entitled for the refund of the amount as claimed for by the petitioner. 5.
Learned counsel appearing on behalf of the petitioner however submits that the proceedings dated 16.08.2024 is not in true spirit of the order of this Court dated 13.03.2024 passed in W.P.No.32956 of 2023.
6.
Learned counsel appearing on behalf of the respondents submits that the respondent authorities issued proceedings dated 16.08.2024 to the petitioner in pursuance to the order of
) this Court dated 13.03.2024 passed in W.P.No.32956 of 2023 complying with the order of this Court, hence the Contempt Case is devoid of merits and needs to be dismissed.
7. Taking into consideration the aforesaid facts and circumstances of the case and duly considering the submissions made by both the learned counsel on record and duly considering the proceedings dated L6.O8.2O24 issued in pursuance to the order of this Court dated 13.03.2024 passed in W.P.No.32956 of 2O23, duly complying with the said orders of this Court dated t2.O3.2OZ4t this Court opines that there is no deliberate violation of the orders ot this Court dated L3.O3.2O24 passed in W.P.No.32956 of 2O23 as alleged by the petitioner and hence, the contempt case is closed by giving liberty to the petitioner to pursue the remedies as are available under law. However. there is no order as to costs.
Miscellaneous petitions, if any, pending shall stand closed. Sd/- M. RAMANA KRISHNA DEPUTY REGISTRAR it.
L :lY , SECiTST( oFFICER To ,TRUE COPY// I '1. Two CCs to the GP FOR SERVICES l, High Court for the State of Telangana at Hyderabad (OUT)
2. One CC to SRl. B P RAJU, Advocate [OPUC]
3. Two CD Copies PR
I { HIGH COURT DATED: 2310812024 1HE s14 q zs rdr! Iozt
ORDER
CC.No.1416 of 2024 wl nTr-tr-(r CLOSING THE CC @*i8 fttr