G. Mahesh, v. Sri Remo Rajeshwari And 3 Others

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.3097 OF 2018 DATED :19.02.2019 Between :

G. Mahesh S/o.Hanmanthu, Aged about 32 yrs, Ex-Home Guard, P.S.Kollapur, Nagar Kurnool District, R/o.1-9/58/2, BC Colony, Kollapur, Mahabubnagar.

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Petitioner And Ms.Remo Rajeshwari, Superintendent of Police, Mahabubnagar & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO CONTEMPT CASE No.3097 OF 2018 ORDER :

W.P.No.14221 of 2017 was disposed of directing the respondents therein to consider the representation submitted by petitioner on 18.10.2016 and two reminders. Alleging that the issue as directed was not properly considered and rejection of request by proceedings dated 12.06.2017 is not in true letter and spirit, this contempt case is filed.

2.

Consequent to issuance of notice in Form-I, the 1st respondent is present. Counter affidavit is also filed. Along with the counter affidavit, the proceedings of the Inspector General of Police, dated Nil.07.2017 signed on 10.07.2017 is filed. Though the order dated 12.06.2017 passed by the Superintendent of Police is a proforma decision, but the order passed by the Inspector General of Police is specific on the reason for not accepting the petitioner's claim for reinstatement into service as Home Guard, even though he was acquitted by the competent Court in S.C.No.116 of 2015.

Furthermore, the Court never directed the respondents to pass orders in a particular manner nor the Court directed to take into consideration the decision of the competent Court acquitting the petitioner, but only directed to assign reasons in support of the decision. Both in the order dated 12.06.2017 of Superintendent of Police and 10.07.2017 of the Inspector General of Police, the reasons are assigned by the respective officials. Whether the reasons assigned are valid or not cannot be gone into in this contempt proceeding.

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Having regard to the above, the Contempt Case is closed. The officers are discharged from the contempt proceedings. However, it is open to the petitioner to work out his remedies, if so advised, against the decision communicated to him rejecting his request for taking him back as Home Guard. Pending miscellaneous petitions, if any, shall stand closed. __________________ P.NAVEEN RAO,J 19th February, 2019 Rds