Shaik Mahaboob v. Vikas Raj, Ias

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE N.BALAYOGI CONTEMPT CASE NO.2819 OF 2017

O R D E R

(Per Hon'ble Sri Justice Sanjay Kumar) This contempt case was instituted alleging willful disobedience to the order dated 20.04.2017 passed by this Court in W.P.No.25149 of 2013. By the said order, this Court directed the authorities to give effect to the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in O.A.No.11857 of 2009, while dismissing the said writ petition, duly upholding the order. The first respondent is present in person pursuant to the order dated 31.08.2018.

We are now informed that appointment order dated 18.08.2018 has been issued in favour of the petitioner by the Superintending Engineer, Godavari Valley Circle No.I, Sriramsagar Project, Government of Telangana. Though Sri M.Bharat Shah, learned counsel, would contend that the petitioner ought to have been appointed from an earlier date, we are of the opinion that this aspect of the matter cannot be looked into by this Court in exercise of contempt jurisdiction. As we find sufficient compliance with the order, albeit with delay, we find no ground to exercise contempt jurisdiction though the delay in itself may constitute grounds to do so.

The contempt case is accordingly closed leaving it open to the petitioner to seek redressal of his grievance, if any, with regard to the appointment not being with retrospective effect, by way of independent proceedings in accordance with law. No costs.

______________________ SANJAY KUMAR, J ____________________ N.BALAYOGI , J 5th SEPTEMBER, 2018 Svv