Sri S.K.D.V.S. High School, Vs Praveen Prakash ,I.a.S.

SRI S.K.D.V.S. HIGH SCHOOL,, REP.BY ITS SECRETARY AND CORRESPONDENT, K. VASUDEVA NAIDU, S/O. GOVINDA NAIDU, AGED 67 YEARS, PINAPADU, TENALI, GUNTUR DISTRICT- 522 202, GUNTUR DISTRICT.

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...PETITIONER

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AND

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PRAVEEN PRAKASH I A S, THE STATE OF A.P..BY ITS PRL.SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, ARNARAVATHI, GUNTUR DISTRICT.

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SURESH KUMAR I A S, THE DIRECTOR OF SCHOOL EDUCATION, A.P., IBRAHIMPATNAM, VIJAYAWADA, KRISHNA DISTRICT.

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M V SUBBA RAO, THE REGIONAL JOINT DIRECTOR OF SCHOOL FDUCATION, COLLECTORATE COMPOUND, GUNTUR, GUNTUR DISTRICT.

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P SAILAJA, THE DISTRICT EDUCATIONAL OFFICER, GUNTUR DISTRICT.

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...CONTEMNOR(S):

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Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased lo punish the respondents under Section 10 to 12 of Contempt of Courts Act for wilful and deliberate violation of the orders dated

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14.03.2022, made in W.P.No.5697 of 2022 passed by this Hon'ble Court and pass such other or further orders as are deemed fit and proper. and pass

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IA NO: 1 OF 2023

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to implement the order dt.14/03/2022 in W.P. No. 5697 of 2022, in its true letter and spirit pending disposal of the Contempt Case before this Honourable court and pass such other order or orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner:

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1.DEVI PRASAD MANGALAPURI

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Counsel for the Contemnor(S):

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1.L V S NAGARAJU

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The Court made the following:

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THE HONOURABLE SRI JUSTICE BATTU DEVANAND

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CONTEMPT CASE NO: 910 OF 2023

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ORDER:

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This Contempt Case is filed against the respondents complaining wilful disobedience of the order, dated 14.03.2022 passed W.P.No.5697 of 2022. While allowing the said Writ Petition this Court directed the respondents therein to pay the maintenance grant within a period of three months from the date of receipt of a copy of the order in accordance with the order, dated 30.09.2016 passed in W.P.No.3449 of 2003.

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During the course of hearing of this Contempt Case, on the earlier occasion this Court specifically noticed that there is huge delay in implementing the order of this Court and issued notice in Form-1 to Respondent Nos.1 to 4. Accordingly, Respondent Nos.1 to 4 present before this Court today and would submit that after receipt of the order of this Court dated 14.03.2022, the 4^th respondent issued a letter, dated 12.04.2022 instructing the Mandal Educational Officer, Tenali to get annual administration reports from the petitioner along with audited statements duly certified by a Chartered Accountant for the purpose of processing an amount of Rs.10,05,298/-. Thereafter, only on 29.03.2023, the petitioner submitted the annual administration reports with audit statements certified by a Chartered Accountant. Subsequently, the file was processed and after clearance from the finance Department, the amount as directed by this Court is disbursed to

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the petitioner on 27.11.2023. As such to follow this process there is some delay occurred in implementing the order of this Court. The respondents would submit that as the petitioner himself did not furnish the audit report inspite of the letter, dated 12.04.2022 the delay has been occurred in implementing the order of this Court. Further, till 27.11.2023 the delay has been occurred due to non circulation of file to different departments but not due to administrative reasons The respondents would submit that the delay caused in implementing the order of this Court is neither willful nor wanton. However, the respondents tendered their unconditional apology for the delay occurred in implementing the order of this Court.

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Learned counsel for the petitioner accepted that the order of this

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Court was complied with by the respondents on 27.11.2023.

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Having considered the facts and circumstances of the case and taking into consideration the unconditional apology tendered by the respondents for the delay occurred in implementing the order of this Court, this Court intends to take lenient view by accepting their apology.

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