THE HON'BLE SRI JUSTICE A.GOPAL REDDY and THE HON'BLE SRI JUSTICE K.C. BHANU CONTEMPT APPEAL No.1 of 2010 JUDGMENT: (Per Hon’ble Sri Justice A.Gopal Reddy) This Contempt Appeal under Section 19 of the Contempt of Courts Act is directed against the order dated 01.12.2009 passed by a learned Single Judge of this Court in C.C.No.583 of 2009, whereby the appellant was imposed with a fine of Rs.2,000/- for deliberate and willful violation of the order dated 28.11.2008 passed in W.P.M.P.No.34054 of 2008 in W.P.No.20627 of 2008. The first respondent herein filed the above writ petition alleging that the Sarpanch of Vavilala Gram Panchayat, Jammukunta Mandal, Karimnagar, misappropriated the funds belonging to the said Gram Panchayat to a tune of Rs.6,71,481/- and that though he made a representation to the appellant herein-District Collector, Karimnagar District, no action has been taken against the Sarpanch. A learned Single Judge of this Court by order dated 28.11.2008 in the above said W.P.M.P directed the appellant-District Collector to consider the representation submitted by the first respondent/writ petitioner, within a period of two weeks from the date of the order, take a decision and furnish the writ petitioner with a copy of the order. The learned Judge further directed that a copy of the order of the appellant should also be placed before it through the learned Government Pleader for Panchayat Raj. Alleging non-compliance of the said order, the writ petitioner filed the above Contempt Case. The appellant-District Collector filed a counter-affidavit in the contempt case stating that as per the direction of this Court, action has been taken on the representation made by the writ petitioner on 06.05.2008; that pursuant to the order passed by him, the fourth respondent-Divisional Panchayat Officer, Karimnagar conducted enquiry and submitted a report on 02.07.2008; that as the said report was not satisfactory, he ordered for another enquiry; that the fourth respondent again conducted enquiry and submitted a report on 19.12.2008, and that after thoroughly examining the records and the report of the fourth respondent, he passed an order on 01.06.2009. It is further stated in the counter-affidavit that as per the directions of this Court, he could not pass orders within the stipulated time because enquiry was conducted twice i.e., on 02.07.2008 and 19.12.2008 and that due to intervening of general elections, the entire staff involved in conducting them, and therefore, the delay occurred and he could pass orders only on 01.06.2009. The learned Single Judge was of the view that since the appellant-District Collector has not complied with the order within the prescribed time, it was evident that the order of this Court dated 28.11.2008 has been violated; that the appellant has not chosen to file any petition seeking extension of time to comply with the order and that he had complied with the order more than six months after the two weeks time prescribed by this Court had expired, and therefore, it was sufficient to hold that such violation was willful and deliberate, and that the apology tendered in the counter-affidavit was only to avoid punishment and did not, therefore, merit acceptance, and accordingly passed the impugned order punishing the appellant by imposing fine of Rs.2,000/-. Hence, this appeal. In pursuance of the directions issued by this Court, the learned Special Government Pleader for Panchayat Raj has produced the entire file into the Court and contended that in obedience to the order passed by this Court, the appellant has passed an order on 12.12.2008 and the same was communicated to the writ petitioner. But, however, the said order has not been brought to the notice of the learned Single Judge when the Contempt Case was taken up for hearing. We have gone through the entire file produced by the learned Special Government Pleader for Panchayat Raj. A perusal of the file indicates that the appellant-District Collector had taken action on the complaint of the writ petitioner and through his letter dated 12.12.2008 informed the writ petitioner that the report of the Divisional Panchayat Officer, Karimnagar did not contain the details of financial irregularities, and hence, the Divisional Panchayat Officer was directed to submit a detailed report covering all the points within seven days; that the final report from him is awaited, and that after receipt of the enquiry report, the case would be examined and appropriate action would be taken in the matter. On the even date the appellant also addressed a letter to the learned Government Pleader for Panchayat Raj vide Lr.No.A6/2075/2008-Pts, dated 12.12.2008 informing him that the action taken on the representation has been informed to the writ petitioner as directed by this Court; that after receipt of the report from the Divisional Panchayat Officer, Karimnagar, the case would be examined in accordance with the rules and appropriate action would be taken in the matter, and requested him that the same be brought to the notice of this Court. But, the learned Government Pleader for Panchayat Raj was negligent in his duties and he has not brought to the notice of the Court about the action taken by the appellant in obedience to the directions issued by this Court. Even when the contempt case was filed, he has not evinced any interest to appraise the Court with regard to the action taken by the appellant. In the process, the appellant has been exposed for the contempt of the Court and accordingly the above punishment has been imposed against him. By interim order dated 28.11.2008 in W.P.M.P.No.34054 of 2008 in W.P.No.20627 of 2008, this Court directed the appellant to consider the representation made by the writ petitioner within a period of two weeks from the date of that order, take a decision on the same and furnish the writ petitioner with a copy of the order. A perusal of the order dated 12.12.2008 indicates that the appellant had called for a detailed report from the Divisional Panchayat Officer, Karimnagar covering all the points, since the earlier report does not contain the details of financial irregularities, and had taken a decision that after receipt of the enquiry report from the Divisional Panchayat Officer, Karimnagar, appropriate action would be taken against the Sarpanch, who allegedly misappropriated the Gram Panchayat funds. In view of the same, we are of the opinion that the appellant has not deliberately violated the order dated 28.11.2008 passed in W.P.M.P.No.34054 of 2008 in W.P.No.20627 of 2008 since through the said order this Court has not directed the appellant to pass final orders in the matter but only directed to take a decision, which has been taken by him and furnished a copy of the order to the writ petitioner and also to the learned Government Pleader intimating the decision taken by him. Therefore, we are of the view that the appellant has not deliberately or willfully violated the order of this Court rendering him liable to be punished under Sections 10 and 12 of the Contempt of Courts Act. Therefore, we exonerate the appellant from the charge of contempt and the punishment imposed against him. Accordingly, the Contempt Appeal is allowed and Contempt Case stands dismissed. No costs. A. GOPAL REDDY, J K.C.BHANU, J Date: 13.07.2010 va