The court closed a contempt case where the petitioner challenged non-compliance of an order directing reinstatement. The court found the respondent had obeyed the earlier order by reinstating the petitioner in service.
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IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD
TUESDAY THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND ELEVEN
PRESENT THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
CONTEMPT CASE NO. 599 OF 2010
Between: Pratosh Kumar Tiwari … Petitioner V/s Sri CS Rao Dy.Inspector General of Police, Group Centre, CRPF Ranga Reddy district PO Hakimpet, Secunderabad & Anr. … Respondents
Counsel for the Petitioner : Sri S, Satyam Reddy Counsel for the Respondents : Sri Koti Reddy The Court made the following : Order follows next page
THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
CONTEMPT CASE NO. 599 OF 2010
O R D E R :
This contempt case is filed complaining that the order passed by this Court dated 06-10-2009 in WPMP.No. 14574 of 2009 in WP.No.11349 of 2009 has not been complied.
2. By proceedings bearing No. T.V-1/2009-EC.5 dated 08-6-2009 the petitioner was terminated from service. Therefore, the petitioner sought for the interim suspension, pending writ petition.
3. This Court passed the following order:
The Medical report of NIMS dated 13-08-2009 reveals that x-rays of the right hip of the petitioner shows that screw is broken, fracture is not completely united and that now he cannot perform heavy duties and strenuous work.
This report indicates that presently, petitioner cannot undertake strenuous work and that there is possibility of the facture being completely united, particularly, in view of the fact that he is aged only 26 years. It would be harsh to remove the petitioner from service in the above circumstances, particularly when he has completed most part of the training.
In these circumstances, the impugned order is suspended and it is directed that the petitioner must be allowed to complete the remaining part of the training and shall be allowed to continue the work and during the pendency of the writ petition he shall be again examined medically to verify as to whether there is proper healing of the injury and the same has to be taken into consideration at the time of final disposal of the writ petition. The petitioner shall be entitled to medical facilities as per the rules.
4. The learned counsel appearing for the respondent placed before this court a copy of the order No. 1-II-15/2010/GCRRY-EC-2. The operative portion of the said order reads as under:
Since the petitioner was found medically fit for all
types of activities in review medical conducted by NIMS Medical Board on 09-08-2010 and in compliance of court order dated 6-7-10 and 12-08-10, the competent ;authority has accorded approval to reinstate him in CRPF service as conveyed by DIGP (Law) signal No. I-II-714/09-LWP.II dated 27-8-10 and IGP Southern Sector, CRPF Hyderabad vide signal No. 1-II-16/2010 EC-II dated 07d-09-2010 and 02-12-2010 who in turn has directed to reinstate No. 065171625 Recruit/GD Pratosh Kumar Tiwari in service and he will have to undergo the remaining period of basic training i.e., from 41st week onwards. Accordingly, the undersigned hereby reinstates No. 065171625 Recruit/GD Pratosh Kumar Tiwari of 184 Bn CRPF in service from the date he reports in his Group Centre in response to his order. The intervening period between the date of termination and reinstatement will be regularized separately.
5. In that view of the matter, the contempt case is closed.
_________________________ JUSTICE G. CHANDRAIAH. 13-12-2011 I s L
THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
CONTEMPT CASE NO. 599 OF 2010
CIRCULATION NO. DATE 13-12-2011 COURT MASTER : I s L Computer No. 43.
Pratosh Kumar Tiwari
Sri CS Rao Dy.Inspector General of Police
G. Chandraiah
As recorded by the court registry
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