IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 11000 of 2007 Between: Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad. ..... PETITIONER AND Sri Mohd. Fiazuddin S/o.Ghouse Mohiuddin R/o.22-2-79, KK.Street, Gandhi Road, Proddatur 516 360, Cuddapah District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or direction more particularly one in the nature of Writ of Certiorari calling for the records relating to Suo-moto Contempt Application No. 276/2007 in O.A.No.8435/2003 dated 25.4.2007 on the file of the Hon'ble A.P.A.T. Hyderabad and to quash or set-aside the same by holding as crroncous and contrary to law and pass such order or orders. Counsel for the Petitioner:GP FOR SERVICES I Counsel for the Respondent No.: MR.CHALLASIVASANKAR The Court made the following : THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 11000 of 2007 ORDER: (per Hon’ble Sri. Justice Ghulam Mohammed) This writ petition is filed by the petitioner seeking to call for the records pertaining to suo moto contempt application No.276 of 2007 on the file of the A.P.Administrative Tribunal, Hyderabad and to quash the same. The respondent herein is the applicant. He filed O.A.8435 of 2003 wherein the tribunal has passed the following interim order on 29.12.2003: “Pending disposal, there shall be a direction to the respondents to pass appropriate orders in pursuance to the letter dated 8.12.1999 issued by the A.P.P.S.C in regard to appointment of the applicant as Junior Cooperative Inspector.” Pursuant to the above direction, the Commissioner/Director of Cooperatives and Registrar of Coooperatives-contemnor has issued proceedings in R.C.No:11994/2004/R-Cell, dated 17.4.2004, which reads as under: “I invite yourattention to the references cited and to inform that when the selection for group-III services were made in 1992, you did not come up for selection, as you did not secure sufficient marks. The A.P. Public Service Commission in their letter dated 28.12.1999 stated that two candidates who secured fewer marks than you were being continued in service. The two candidates mentioned in the A.P. Public Service Commissioner letter secured higher marks at the time of selection as they were given Telugu medium weightage marks. Subsequently, the Supreme Court held that Telugu medium weightage marks cannot be given. By the time, the Supreme Court Judgment came, the two candidates almost completed their probation and they could not be removed from service. In view of the facts and circumstances stated above, your plea that candidates who got fewer marks than you have given posting and that you shall be appointed, is not tenable.” On the above proceedings, the tribunal having come to the conclusion that the above orders passed by the Commissioner/Director of Cooperatives are misleading the tribunal and therefore, the order issued by the Commissioner/Director of Cooperatives on 17.4.2007, amounts to disobedience of the order given by the tribunal, directed the Commissioner/Director of Cooperatives and Registrar of Cooperatives, A.P. Hyderabad to appear before the tribunal and show cause as to why he should not be proceeded under the contempt of Court Act. Having aggrieved by the same, the present writ petition is preferred by the Commissioner/Director of Cooperatives and Registrar of Cooperatives, A.P. Hyderabad. Heard the learned counsel and perused the entire material available on record and the order impugned. Before going into the merits of the case, it is pertinent to note that on 12.3.2009, the learned G.P. for Services-I has been directed to furnish the proceedings as to the appointment of Sri R.Chenna Krishna Reddy and Sri V.Srinivasrao. In response to the same, learned G.P. for Services-I has submitted that though a letter was addressed to the Commissioner, but no instructions have been received. On that, the Commissioner of Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad is directed to appear in person before the Court on 19.3.2009. On the failure to produce the proceedings as to the appointment of Sri R.Chenna Krishna Reddy and Sri V.Srinivas Rao as per the directions issued by this Court on 12.3.2009, We are compelled to express our displeasure on the attitude of the petitioner-authorities. However, since the contempt case is pending before the tribunal and the same is at the stage of show cause notice, We are not inclined to exercise our jurisdiction invoking the provisions of Article 226 of Constitution of India. Hence, this writ petition is devoid of merits and thereby, the same is liable to be dismissed. Accordingly, this Writ petition is dismissed. No costs. __________________________ Justice Ghulam Mohammed ______________________ Justice Sanjay Kumar Dated: 19th March, 2009 Note: CC in two days (BO) gurc. THE HON'BLE SRI JUSTICE GHULAM MOHAMMED & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO :11000 of 2009 (Order of the Division Bench delivered by the Hon’ble Sri. Justice Ghulam Mohammed) 19th March, 2009