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High Court for State of TelanganaCC/1958/2018closed no costs

Avuluri Rajasekhara Reddy, v. Prof. P. Udaya Bhaskar,

2020-01-06A.Rajasheker Reddy2 pages

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY C.C.NO.1958 OF 2018

O R D E R

This contempt case is filed alleging willful violation of the order passed by this court in W.P.No.1123 of 2018 dated 11.04.2018, by the respondents, wherein and whereby, this court directed the competent authority to consider the representation of the petitioner in accordance with law within a period of two months from the date of receipt of a copy the order. In pursuance of the order of this court, respondents have passed order on 13.11.2018, and when this court was not satisfied with the manner in which the representation of the petitioner was considered, the 4th respondent has reconsidered the issue, and issued proceedings vide Memo No.276/LC/2015 dated 12.06.2019. Copy of the memo dated 12.06.2019 is placed before this court.

Learned counsel for the petitioner submits that though the debarment order against the petitioner has been cancelled by the Andhra Pradesh Public Service Commission, Hyderabad, vide order No.1456/RS-23B/2012 dated 05.01.2017, the same has not been taken into consideration, while rejecting the claim of the petitioner, and hence there is no proper application of mind, and this amounts to willful disobedience of the order passed by this court. On the other hand, learned Standing Counsel appearing for the Telangana State Public Service Commission submits that as per the directions of this court, the 4th respondent, vide proceedings dated 12.06.2019, has considered the case of the petitioner and by recording reasons, rejected his claim, and hence it cannot be said that there is any willful disobedience of the orders of this court, and hence the contempt case may be closed.

A perusal of the proceedings dated 12.06.2019 passed by the 4th respondent, in pursuance of the directions of this court in the writ petition, goes to show that reasons have been recorded while rejecting the claim of the petitioner, and correctness or otherwise of the said reasons, cannot be gone into in this contempt case, and if the petitioner is aggrieved by the proceedings dated 12.06.2019, he is always at liberty to question the same in accordance with law. In view of the proceedings dated 12.06.2019 issued by the 4th respondent, and without expressing any opinion on the merits of the said proceedings, this contempt case is closed, leaving it open to the petitioner to challenge the same in accordance with law.

The contempt case is accordingly closed.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

------------------------------------------- A.RAJASHEKER REDDY,J DATE:06-01-2020 avs