THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE NO.1325 OF 2008 DATE:30.04.2011 BETWEEN D.RAVIKUMAR. …PETITIONER AND DR.N.NAGESWARARAO I.A.S. MANAGING DIRECTOR …RESPONDENT. THIS COURT MADE THE FOLLOWING: THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE NO.1325 OF 2008 ORDER: This contempt case is filed by the petitioner seeking to punish the respondents under Sections 10 to 12 of the Contempt of Courts Act for the willful disobedience of the orders passed in W.P.M.P.No:12891 of 2008 in WP.No.9786 of 2008. On 19.9.2008 while entertaining the application in W.P.M.P.12891 of 2008 seeking for suspension of the operation of the proceedings Rc.No:A2/7480/APSC/07, dated 19.3.2008 of the respondent and for a direction to the respondent to consider the case of the petitioner for grant of in charge arrangements as Executive Engineer on par with his juniors in the cadre of Assistant Executive Engineer, At this stage, this Court passed the following order: “It appears, petitioner was denied promotion on par with his juniors on 20.10.2000 to the post of Deputy Executive Engineer on the ground that certain disciplinary proceedings were pending against him. However, the said proceedings were dropped by the Department and he was promoted to the post of Deputy Executive Engineer in the year 2004, but his position was not restored as Deputy Executive Engineer on par with his juniors from 20.10.2000 in spite of the fact that the charges were dropped. As the ill luck would have, it appears Government directed the respondent to recover the loss caused to it and disciplinary proceedings were initiated in that regard. However, the said recovery proceedings were subject matter of a writ petition being W.P.No:468 of 2004 and the impugned order therein was suspended pending consideration of the writ petition. At this stage, the respondent has again promoted the juniors to the petitioner in the cadre of Assistant Executive Engineer on the ground that the petitioner was promoted later to them in view of the pendency of the earlier recovery proceedings and, therefore he cannot be considered for the post of Executive Engineer in charge on par with his juniors. Prima facie this appears to be arbitrary and illegal. In the circumstances, there shall be interim suspension as prayed for. Further, respondent is directed to consider the case of the petitioner for promotion to the post of in charge Executive Engineer on par with his juniors in the cadre of Assistant Executive Engineer as on 20.10.2000 and pass appropriate orders, within a period of four Weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.” In this regard, a counter affidavit filed has been filed by the respondent and it is stated in the counter that in compliance of the orders dated 19.09.2008 in W.M.P.No:12891 of 2008 in W.P.No:9786 of 2008, orders in proceedings Rc.No:LC1/10433/APSC/2008, dated 30.3.2009 have been passed rejecting the claim of the petitioner and the said proceedings have been communicated to him. No reply affidavit is filed by the petitioner. It is to be noted that pursuant to the directions of this Court, having considered the claim of the petitioner, the proceedings Rc.No:LC1/10433/APSC/2008, dated 30.3.2009 have been passed rejecting his claim and the said proceedings have also been communicated to him. In such an event, I am of the view that the question of contempt does not arise. Hence, I do not see any reason to entertain this contempt case and the same is liable to be dismissed. Accordingly, this contempt case is dismissed. No costs. ____________________ Justice G. Chandraiah Date:30.04.2011 gurc. THE HONOURABLE SRI JUSTICE G. CHANDRAIAH CONTEMPT CASE NO.1325 of 2008 DATE:30.04.2011