Adduri Srihari Rao, v. Dr. Amar Singh, IAS
Case brief
What is this about?
The court closed a contempt case alleging disobedience of a promotion order. It held that since the respondents filed an appeal and the lower order merged with the appellate court's disposal, there was no willful disobedience to continue proceedings.
What the court decided
THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
CONTEMPT CASE No.85 of 2013 Date: 21-11-2013
ORDER:
This contempt case was instituted alleging disobedience of the order of this Court dated 27.03.2012 in W.P.No.25880 of 2010.
This Court allowed the said writ petition and in operative portion of the order, it was observed as follows:
“ In the circumstances, I am inclined to order as follows:
Without disturbing the seniority of respondents 3 and 4 or any other person, the respondents 1 and 2 are hereby directed to issue appropriate orders giving the benefit of promotion to the petitioner on par with respondents 3 and 4 i.e., from the date of giving promotion to respondents 3 and 4 in the post of Assistant Grade II (Tech) or subsequently as Assistant Grade I (Tech) and also as Manager, with all consequential benefits.
The Writ Petition is accordingly allowed. There shall be no order as to costs.”
Since the petitioner had to retire on 31.05.2012, the respondents had to comply with the order of this Court on or before 31.05.2012. Challenging the order of this Court, the respondents filed Writ Appeal on 04.06.2012. But as there was delay of 25 days in filing the appeal, they also filed an application to condone the said delay. It appears that the appellate Court condoned the delay in filing the writ appeal on 07.02.2013. Ultimately, the writ appeal was allowed on 04.10.2013. It appears that interim suspension was granted on 07.02.2013.
Issues for consideration
1 issue framed by the court
Whether contempt proceedings must continue given that the order of the lower tribunal stood merged with the appellate court's order upon allowance of the appeal.
Parties & counsel
- petitioner
Petitioner
- respondent
Respondents 1 and 2
Coram
B.Chandra Kumar
Case details
As recorded by the court registry
- Court
- Telangana HC
- Decided on
- · November
- Registered
- Case no.
- CC/85/2013
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