J. Nagendrappa v. Mr.Vikas Raj, I.A.S.,

THE HON'BLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE No.3277 OF 2018 ORDER:

Against the order of punishment of stoppage of annual grade increment with cumulative effect, the petitioner preferred appeal before the appellate authority on 29.12.2017 and alleging inaction on the part of the appellate authority in disposing of the said appeal, Writ Petition No.19025 of 2018 was filed. This Court disposed of the said writ petition by order dated 11.6.2018, directing the appellate authority to consider the appeal dated 29.12.2017 filed by the petitioner and to pass appropriate orders as warranted by law within a period of two months from the date of receipt of a copy of the said order. Alleging inaction on the part of the respondents in complying with the said direction, this contempt case is filed.

2.

Today, when the matter is taken up, the learned Government Pleader, appearing for sole respondent produced Photostat copy of G.O.Rt.No.184, Panchayat Raj and Rural Development (Vig.II) Department dated 26.4.2019. By this order, the Government while setting aside the punishment, directed to conduct de-nova enquiry. 3.

Though the learned counsel for petitioner sought to contend that there is an inordinate delay in complying with the order, in the facts and circumstances of the case, the same cannot be gone into in this contempt case as in the appeal relief is granted, setting aside the punishment imposed and it results in position reverting back to the stage of initiation of disciplinary proceedings. 4.

For the aforesaid reasons, the Contempt Case is closed leaving it open to the petitioner to work out remedies as available to him under law on any other issue. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs. ____________________ P. NAVEEN RAO, J Date: 3.6.2019 DA

THE HON'BLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE No.3277 OF 2018 3.6.2019 DA