Ponnolu Vinisha Reddy v. Nn Reddy
Case brief
What is this about?
In a contempt petition filed for alleged non-compliance with a previous order directing compensation payment, the court was satisfied that cheques were issued and received. Interpreting the original order as leaving the disciplinary inquiry to the Respondent's discretion rather than mandating it, the court found the order complied to the extent necessary.
What did the court decide?
Petitioners satisfied; Contempt Case closed; No order as to costs; Pending miscellaneous petitions dismissed.
What the court decided
1
MSRM,J & JUD, J C.C.No.161 of 2019
THE HONOURABLE SRI JUSTICE M. SEETHARAMA MURTI AND
THE HONOURABLE MS. JUSTICE J. UMA DEVI
CONTEMPT CASE No. 161 of 2019
ORDER : (Per Honourable Sri Justice M.Seetharama Murti)
This Contempt Case under Sections 10 and 12 of the Contempt of Courts Act, 1971 is filed complaining non-compliance of the order, dated 09.11.2018, of this Court passed in Writ Petition No.29635 of 2018.
- We have heard the submissions of learned counsel for the petitioners. On the previous date of adjournment, we have also heard the submissions of the learned counsel for the respondent.
- The operative portion of the order passed in writ petition No.29635 of
2018 reads as under:
‘Hence, the writ petitions are allowed directing the NCC Directorate to pay a compensation of Rs.Rs.3,00,000/- (Rupees three lakhs only) to each of the writ petitioners. It is open to the NCC Directorate to initiate an in-house procedure for finding out the person who was responsible within the local NCC Directorate, for the mess created by them and to initiate action against such persons.’
Issues for consideration
2 issues framed by the court
Whether non-coresponsiveness regarding initiation of in-house disciplinary procedure amounts to contempt given the contentious directive was discretionary.
Whether fulfillment of the mandatory compensation payment compels disposition of the remaining portion of a discretionary directive in a contempt proceeding.
Parties & counsel
- petitioner
Petitioners (unnamed)
- respondent
NCC Directorate
Coram
M. Seetharama Murti
Case details
As recorded by the court registry
- Court
- Andhra Pradesh HC
- Decided on
- · October
- Registered
- Case no.
- CC/161/2019
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