THE HON’BLE SRI JUSTICE NOUSHAD ALI Contempt Case No.1568 of 2009 Date : 28-02-2011 Between : K.Narasimha Reddy .. Petitioner and B.Nagi Reddy .. Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI Contempt Case No.1568 of 2009 ORDER : This contempt case has been filed complaining disobedience of the orders of this Court in W.P.No.13664 of 2000, dated 24-02-2003 and the orders in Contempt Case No.476 of 2007, dated 13-06-2008. The petitioner filed the aforesaid Writ Petition challenging the action of the 2nd Respondent viz., Deputy General Manager, Chittoor District Cooperative Central Bank Limited, Chittoor in collecting some amount from the petitioner, without conducting any enquiry and fixing his responsibility, on the allegation that the petitioner committed misappropriation of the funds of the society, as illegal and arbitrary. This Court by orders dated 24-02-2003 disposed of the Writ Petition directing that the said 2nd Respondent should conduct enquiry and fix the exact liability on the petitioner and in case he was found to be guilty, he could be surcharged under Sub-Section (1) of Section 60 of the A.P. Cooperative Societies Act. On a complaint of the non-compliance of the said order, the petitioner filed a Contempt Case No.476 of 2007. This Court, having regard to the submission made by the respondent, closed the contempt by orders dated 13-06-2008 directing that the enquiry should be completed within 3 months from the date of the receipt of a copy of the judgment. Alleging that the enquiry was not completed within a period of three months as directed in the contempt case, thereby disobeyed the said orders, the petitioner has filed the present contempt case. This Court, after admitting the contempt case, directed issue of Form-I Notice to the respondent. Accordingly, the respondent is present today and filed his counter. On a perusal of the earlier orders of this Court in the Writ Petition and the Contempt Case, it is noticed that the direction was issued to the 2nd Respondent therein viz., the Deputy General Manager, Chittoor District Cooperative Central Bank Limited, Chittoor to conduct the enquiry. Therefore, it is for the said officer to have conducted enquiry in compliance with the orders of this Court. There was no direction to the respondent, who is said to be the President of the Society to conduct enquiry. Therefore, I am of the view that the respondent herein cannot be said to have disobeyed the orders committing contempt. Nonetheless, in the counter-affidavit filed by him, it has been stated that the enquiry has already been completed. The Respondent has also tendered unconditional apology for the delay occurred in completing the enquiry. In the circumstances, I am not inclined to initiate contempt proceedings against the respondent. The Contempt Case is accordingly dismissed. No costs. ________________ NOUSHAD ALI, J. 28th February, 2011. skmr