THE HONOURABLE SRI JUSTICE N.V. RAMANA CONTEMPT CASE No. 27 of 2011 ORDER: This contempt case is filed complaining willful disobedience on the part of the 3rd respondent in complying with the order dated 06.10.2009 passed by this Court in W.P. No. 21164 of 2009. The petitioner herein filed the aforesaid writ petition before this Court, contending that the caste certificate issued in her favour by the Tahsildar concerned, certifying that she belongs to Yerukala Community, Scheduled Tribe, was cancelled by the 2nd respondent- Collector and District Magistrate, Sri Pottisreeramulu Nellore District, vide proceedings dated 21.04.1997, alleging that the same was obtained fraudulently, and on her filing an appeal before the Government, as against the said proceedings, the Government, by order dated 28.03.1998, granted stay of operation of the proceedings dated 21.04.1997 of the 2nd respondent, until further orders, and subsequently directed the 2nd respondent to furnish a detailed report, after conducting fresh enquiry. While so, it was contended by the petitioner that in spite of several reminders, no report, as sought by the Government, was furnished by the 2nd respondent, by conducting fresh enquiry, and for want of the said report, the Government is not disposing of the appeal, and that the criminal case initiated against her, for the alleged offence of procuring job on the basis of fraudulent caste certificate, ended in acquittal, but still the proceedings initiated by the respondent authorities are not concluded. When the writ petition came up for consideration before this Court on 06.10.2009, learned Government Pleader appearing for the respondents, on instructions, while admitting that there is inordinate delay in finalizing the proceedings initiated against the petitioner, submitted that the said delay is on account of administrative grounds, and the authorities may be directed to finalize the proceedings within a reasonable period. In view of the said stand taken by the Government Pleader and in the facts and circumstances of the case, this Court disposed of the writ petition, on 06.10.2009, with the following directions: “The respondent authorities shall conclude the proceedings initiated against the petitioner and pass appropriate orders, in accordance with law, within a period of six months from the date of receipt of a copy of this order; failing which, the proceedings dated 21.04.1997 issued by the 2nd respondent, canceling the caste certificate of the petitioner, shall stand cancelled.” According to the petitioner, in spite of the aforesaid directions of this Court, the respondent authorities have not concluded the proceedings against her within the stipulated period of six months and as such, by virtue of the order of this Court, the proceedings dated 21.04.1997 issued by the 2nd respondent, canceling her caste certificate, stood cancelled. However, thereafter, the 3rd respondent issued a charge memo on 21.07.2010 and also issued orders canceling her appointment order of deputation in the post of CDPO, ICDS, Gudur, and posted one Smt. Prameela Rani in her place. The petitioner contends that the said action of the 3rd respondent, in issuing charge memo and canceling her deputation in the post of CDPO, ICDS, Gudur, and posting one Smt. Prameela Rani in her place, amounts to violation of the orders of this Court and therefore the 3rd respondent should be punished. The 3rd respondent filed a detailed counter, denying the allegations made by the petitioner and stating that the charge memo dated 21.07.2010 issued to the petitioner was recalled, vide memo dated 23.02.2011. It is further stated that, on receipt of the orders passed by this Court in the writ petition filed by the petitioner, further action against the petitioner has been dropped and that Smt. Prameela Rani, Additional Child Development Project Officer, Kovuru, has been posted as Child Development Project Officer, Guduru, and the petitioner, who was working as Assistant Project Officer in the office of the Project Director, Nellore, was not disturbed and in fact, she proceeded on leave and on her reporting to duty, she has been posted as Child Development Project Officer, Kota of SPSR Nellore District, vide proceedings dated 20.01.2011. It is, thus, pleaded that the 3rd respondent has not committed violation of the orders of this Court and the contempt be, therefore, dismissed. Heard the learned counsel for the petitioner and the learned Government Pleader for Women Development and Child Welfare Department appearing for the 3rd respondent. What all this Court directed the respondent authorities, was to conclude the proceedings initiated against the petitioner within a period of six months, otherwise the order issued by the 2nd respondent, canceling the caste certificate of the petitioner, shall stand cancelled. Admittedly, the respondents did not conclude the enquiry proceedings within six months and by virtue of the operation of the order passed by this Court, the order passed by the 2nd respondent dated 21.04.1997, canceling the caste certificate of the petitioner, stood cancelled. Therefore, the authorities have dropped all further proceedings against the petitioner in relation to the enquiry proceedings. This apart, it is the case of the respondents that the petitioner, who is on deputation, went on leave and after she joined duty, she was given posting at Kota and she was on leave, one other person by name Smt. Prameela Rani, was posted at Gudur. Since the respondents have dropped all further proceedings in relation to the enquiry and also given her posting, the respondent authorities cannot be said to have committed contempt of the orders of this Court. The petitioner, in spite of being given posting orders, instead of joining at the place where she is posted, has filed this contempt case, which cannot be entertained and is liable to be dismissed. The contempt case is accordingly dismissed. __________________ JUSTICE N.V. RAMANA 30th April, 2011 IBL