THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO C.C.NO.1205 OF 2009 ORDER: This contempt case has been filed complaining that the Order passed by this Court in W.P.No.14656 of 2009, dated 28-07-2009, has not been complied with by the Respondents. Entertaining W.P.No.14656 of 2009, an Order was passed on 28-07-2009, directing the writ petitioner to submit a detailed representation to the Chairperson of the Respondent Society, within one week and upon receipt of such a representation the Chairperson shall deal with the same and pass Orders considered appropriate thereon by 10-08-2009. Till such time, the Respondent Society will do well to continue the writ petitioner at the same Institution, where he is presently working, is the further direction that was issued by this Court. The grievance of the petitioner in this contempt case is that the Respondent Society had not continued him in service in the same Institution where he was working earlier, till the Appeal preferred by him was disposed of by the Appellate Authority. The learned counsel for the Respondents Sri M.V. Ravindranath Reddy has pointed out that the writ petitioner has been relieved of his duties on 17-07-2009 itself, in fact, he would prefer an Appeal also to the Appellate Authority on the same date and these two facts have not been brought to the notice of this Court when it passed the Order on 28-07-2009 in W.P.No.14656 of 2009. Since, the writ petitioner was already relieved nearly ten days before the Order of this Court, the Society could not continue him at the old School. There is also one other reason why he could not be continued, namely, the substitute, who has been posted in his place, has reported to duty and he has been admitted to duty on 17- 07-2009 and hence, there is no vacancy available for the writ petitioner to be continued in service. It is further pointed out that the Appellate Authority has passed Order on 07-08-2009, rejecting the Appeal filed by the writ petitioner soliciting retention at the A.P. Social Welfare Residential Junior College for Girls, Khammam, Khammam District. The reasons for rejection of his request have also been set out therein. The Order of rejection dated 07-08-2009, has not been challenged by the writ petitioner so far and, therefore, he submits that no case is made out for this Court to proceed against the Respondents under the Contempt of Courts Act. Having given my anxious consideration to the rival submissions it become clear that the writ petitioner has been directed to be continued at his old station, namely, Khammam, as an impression was gained that he is still continuing at the said station. If only the Court has been informed that the writ petitioner has already been relieved and a substitute has also joined in his place and, in fact, there is no vacancy available for the writ petitioner to be continued there, perhaps, a different consideration would have been shown by this Court to the fact situation. Be that as it may, now that the Appellate Authority has passed a detailed Order on 07-08-2009, rejecting the request of the writ petitioner to be continued at Khammam, it is certainly open to him to call in question the legality and validity of such an Order, for, the validity thereof cannot be adjudicated in a contempt of court action. Hence, this contempt case is liable to be dismissed. Accordingly, the contempt case is dismissed preserving the liberty to the writ petitioner, if he so desires, to pursue the remedy available to him under law calling in question the Order passed by the Appellate Authority, dated 07-08-2009. No costs. --------------------------------- Nooty Ramamohana Rao, J mrk 3rd November 2009