Modala Upendraiah v. The Director General
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[ 321s ]
IN THE HIGH GOURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR PRESENT THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI CONTEMPT CASE No: '1266 ol 2024 Contempt case filed under Sections 10 to 12 of Contempt of Courts Act 1971 for violation and wilful disobedience of the final orders of this Court dated 03-102023 in W.P No.22139 of 2023 Between:
r,.
lrilodala Upendraiah, D/o Venkataiah, Age: 33 years, Occ:. Police Consteble Trainee - Chest No. 467, R/o. H.No.6-14, ehetlamLkunda Purdm, Mdl Penpahad, Cheedella, Dist. Suryapet -508223 Regd No. 1061037, SCT PC TSPF
...Petitioner/Petitioner
AND '1 . The Director General, Dr Anil Kumar, LP.S, Special Protection Force, Secunderabad.
2. Ravi Gupta, lPS, The State of Telangana rep. by its Prhcipal Secretary^to Govt., Hbme Department, BRKR Bhavan, Hyderabad, Telangana 500 063' (R2 impleaded as perCourt Orderdated.l4-08-2024 in lA No.'1 ot2024inCC No.1266 of 2024).
...Contemnor/ResPondent No.2 Counsel for the Petitioner: M/s. Ramesh Chilla Counsel for the Respondent No.1: ADDITIONAL ADVOCATE GENERAL The Court made the following: ORDER :
TIIE HONOURABLE SMT. JUSTICB T. MADHAVT DEVT CONTEMPT CASE No.1266 OF 2024 ORDER:
This (lontempt Case is filed seeking punishment to the respondents under Sections 10 to 12 of the Contempt of Courts Act, for violation ,nd wilful disobedience of the final orders of this court dated 03.10.2023 passed in W.p.No.22l39 of 2023 and to pass such other order oL or<lers.
2.
This Coun., vide order dated 03.10.2023 in W.p.No.22139 of 2023 had set aside the impugned memos in the writ petition. i.e., 14.07.2023 anC, 19.07.2023, rejecting the represenraticns of the petitioners (i) for sanction of medical leave and (ii) for sending him fo' the Induction Training program and directed the respondenrs to reconsider the matter on medical and sympathetic grounds and to pass appropriate orders thereafter for sending the petitioner to the Induction Training Program. In spite of the direction of this court to take a decision within a period of two weeks from the date of receipt of a copy of the order, the respondents did not pass any order.s. Iherefore, the Contempt Ctasr: has been filed on 03.0.t .2024. a
TMDJ cc t266 2024 3.
However, after receipt of notices in the contempt case, the respondents have rejected the representations of the petitioner vide memo dated 24.09.2024 and the copy of the same is filed before this Court and submitted that the orders of this Court have been complied with.
4.
Leamed counsel for the petitioner submitted that the memo dated 24.09.2024 is in clear violation of the directions of this Court. Therefore, there is clear contempt by the authorities. 5.
The Officer, who has passed the memo dated 24-09.2024, has also been made as party respondent in the Contempt Case. 6.
This Court finds that in spite of the directions from this Court to consider the case of the petitioner sympathetically and to verifu the medical certificates, the representations of the petitioner have been rejected by the authorities. The said memo cannot be challenged in the Contempt Case. The correctness or otherwise of the memo would have to be chaltenged by the petitioner in appropriate proceedings. As far as compliance with the direction of this Courl is concerned, this Court is of the opinion that there is no wilifui contempt o'f the directiffrfot this Court.
*/
:---.:-.-F - I]VIDJ cc 1266 2024 7.
The Conte:mpt Case is accordingly closed with liberty to the petitioner to challenge the memo dated24.09.2024, if he so chooses. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall also stand dismissed.
Sd/- K. SAILESHI DEPUTY REGISTRAR n \ To, //TRUE COPY// SECTION OFFICER
1. One CC to IVl/s. Ramesh Chilla, Advocate [OPUC]
2. fwo CCs to the ADVOCATE GENERAL, High Court for the State of Telangana at Hyderabad [OUT]
3. Two CD Copies I kam/gh l a
HIGH COURT DATED:3011212024 8-ir{E EI r ot )s alt) z C) O 2 JIll
ORDER
t o: .i i-,.1 iC, CC.No.1266 ot 2024 THE CONTEMPT CASE IS CLOSED