Contempt case over non-compliance with an order directing supply of a cooperative society inquiry report. The respondent furnished the copy only on 11.09.2024 after repeated notices; her apology was not accepted and costs of Rs.25,000 imposed.
Respondent directed to pay Rs.25,000 to the High Court Legal Services Committee within two weeks; contempt case closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32s6 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
TUESDAY, THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
CONTEMPT CASE NO: 1029 OF 2024
Contempt Case filed Undei Sections 10 to 12 of Contempt of Courts Act, 1971 R/w. Arl.215 ol the Constitution of lndia to punish the respondents herein for willfully and violating the Orders of the High Court dated 16.04.2024 passed in W.P.No. 1913 of 2024.
Between:
A. Murali Mukund Sio. A. Shiva Ramakrishna, Age.64 Years, Occ. Business and Ex-Secretary of Jubilee Hills House Building Co-Op Society, Plot No.51 Mithila Nagar, Road No.12, Banjara Hills, Hyderabad - 500 034.
...PETITIONER
AND
M. Haritha, Commissioner Cooperation and Registrar of Cooperative Societies, 170, Nizam Shahi Road, Gruhakalpa, Bhagya Nagar Society Colony, Nampally, Hyderabad.
...RESPONDENT
Counsel for the Petitioner: Sri Aruva Raghuram Mahadev
Counsel for the Respondents: GP for Cooperation
The Court made the following: ORDER
+(
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
CONTEMPT CASE No.lO29 of 2024
ORDER:
This Contempt Case is filed alleging violation of order dated 16.04.2024 passed by this Court in Writ petition No. 1913 of 2024, wherein this Court directed the respondent No.2 therein/respondent herein to furnish a copy of the inquiry report dated 23.O3.2022 to the petitioner, within a period of two (02) weeks from the date of receipt of a copy of the order.
2 The brief facts that are necessary for disposal of the contempt case are stated as under
a) The petitioner herein claiming to be Member and Ex_Secretary of the Jubilee Hills Cooperative House Building Societlr (hereinafter referred as "socieg/,) has filed W.p.No.1913 of 2024 stating that elections to the Society were conducted on 21.03.2021 and new committee members including the petitioner were elected to the Managing Committee. It is stated that when some of the members of the Managing committee committed several irregularities and took decisions in violation of bye_laws of the Societ5r and also provisions of the Telangana cooperative societies Act, 7964 (for short ,,TCS Act,,) and the Rules made thereunder, the petitioner questioned the same,
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for which, theManagingCommitteein itsmeeting held on n.Oa.2)2l, unilaterallyrevoked the powers as Secretaryof the Society. It isfurther stated that in puriualceof the complaints submitted bysome of members of the Societyquestioning the irregularitiescommittedby the ManagingCommittee of the Society' the respondentherein as Commissionerfor Cooperation and Registrar ofCooperative Societies, initiated statutory enquiry under Section 51 ofTCS Act uide proceedingsin Rc'No'1 169 12O22-HG-| dated 23.02.2022and appointed the Special cadreDeputyRegistrar as InquiryOfhcer.The Inquiry Ofhcerissued summonsto the petitioner videProceedings inRc.No.01/InquityICHS 12022on 21.05.2022and the petitioner participatedin the said enquiryand submittedall the relevant documents'It is further stated thatthe Inquiry Officerhas completedinquiryand submitted a reporton the file of therespondentherein' It is alleged in the writ affidavit tJlat even afterreceipt of the Inquiry Report'the respondent hereinhas not takenany steps to act upon the inquiry report submitted by the InquiryOfficer as per the provisionsof the TCS Act and the Rules made thereunder.
It is statedthat the petitioner herein filed an application under b) Section6(1) of Right to InformationAct' 2005 ("RTI Act")' requesting to furnishcoPYof the inquiry report vide Proceedings 1n
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Rc.No.1 169 /2O22-Hc-l dated 23.O3.2022 but instead of furnishing statutory inquiry report, vide Proceedings Rc.No.744512023-HG-I dated 26.09.2023 it was informed that the same is under consideration. It is further stated that the petitioner has submitted another application dated 02.09.2023 on the hle of the Secretary, Agriculture and Cooperation Department, Telangana (respondent No.1 in W.P) for providing copy of the inquiry report but the same is in vain. It is stated that as per Section 51 of TCS Act, it is mandatory to complete the inquiry within four months and report of thr: inquiry along with the findings of the Registrar thereon shall be communicated to the managing committee of the society. It is also stated that the petitioner has repeatedly submitted representations to the respondent for furnishing copy of the inquiry report and u,hen all his efforts proved to be in vain, he filed W.P.No.1913 of 2024 on the fi1e of this Court seeking to declare the action of the respondent herein in not furr-rishing the inquiry report to the petitioner, as illega1, arbitrary and unconstitutional and consequently, prayed this Court to direct the respondent to supply copy of the inquiry report. This Court uide order clated 16.04.2024 disposed of the said writ petition directing the respondent herein to furnish a coplr of the inquiry report dated 23.03.2022 to the petitioner, within a pgriod of two(2) weeks from the date of receipt of a copy of the orde.
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'This Courtuide ordercjLqted16'042024 inW P No 1913 oJ 2024' ii.i,nL i""pond.ntto furnisha copy of the inquiryreporT d'ated is.os.Zozzto tle petitioner utithina peiid of twoueeks fromthe dote of receiptof d copgof the said order'
Euen afiergranting sufrtcienttime,th'erespond'entha's not fumished the ZU"i.i'i",i.rira,$ort'iothe petitioner as directedbg thisCourtin tLrc t"i-*A, -p"rition. ALteging iiaction oft the patl of the respondent' the present ContemPtCose is frled'
ln the ColtemptCase, this Courl uide orderdated18 O6 2O24' issued ;;;; ;-ii; i6"pond"nt' rtnnil"''on 19 07.2.024'te.arned counsetfor 'ti"' *ti"ia."t soughttimeto iiecounterand the matterwas adjourned to 09.08.2024.
Tod,ag, u.th€nthe matteris taken up for lrcaring' leamedcounselJor the oetttioner submitsthot me ,elponaLn has iot fumished -copAof the i'rilltlJi'',"iii',ipoi'o"ain"i"d bs this court in the aforesaid writ petition-
Thisclearlgshol,sthattherespondentisslowingindifferentattitudein implementingthe Court orders'
Hence,issuenotice to the respondentiru Fonn-L
Post on 27.09.2024'
5
a)
5 In the counter afhdavit f,iled by the respondent. it is stated as follows
"5. It is respectrttt\ submttted. that, I am Lntding the fult adclittonat "!:^r!:--::tle .p9stof DirectorforCooperatioianiRegistrar of :il:!"r:t. .Sbcieriesu.e.f 04 01 2024 andatso holding fuuad.ctitrcnat cnorg-e to the post of Managing Director, Telango.-ni Stot" S""d DeueLopment Corporation (TSSD-) i{gderaOoi .".1 ii bi,zoz< A"ria,." mg, actuol post of ,loint secretary to Gouenrment, iducation Department, procurement Telangana. In -this of green regard., marutre I s.eed. submit and tnat, positioning fiSOC in ii 32 responsie di-sticts of -ttrcpr Telangana uelt before tte stafitng oy monsoon. ar"io, fiioc, I ctm fultg engaged tn procurement related iciuities and. monrtoaii-oi dirti.t *ir" dispatches, transportation, positioning at sate poiii, aid"auatlabititg of stock ,"1:n"^1" against requ.irement euery dal i" tne ^oiti o1-Mag, 202a and :irl; :he,positioningof seedis an essenrraltime iound actiuttg (f,s rr snares a tlpep connection wtth sensiliuifles of fanner. ln the meantime, vide G.O.Rt.No.g0S, Genen ea^iisirrtron (Spt.A) D^efanmelt, .lt_Ol.O7.2O24, Gouemment r"Ueu"a-m""jroi. the post of Director for Coopercltion & Registrar o7 C"op.liti,J"- Societies ctnd. lk:yys D-irector. retansana-Stqte Seed D;;";;;";' corporation (TSSDC) on 01 07 2024
!.-tt .i9r_TyOectfuttgsubmifiedtlat, in compliance to the ord.ers of the Hon'ble High CoutT, a copg of Inquiry p.polrt n"" OJ""'firri_rr"n"a ,o ,nu Petitioner under oct:noutlZigiment on I l_09_2O24.
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9- For the reasons stdtedabouethat.thisHonorable Court maAbe pleo-sed to close the Contempt Case andpasssuch otherorderor orders as this Honorable Court maA deem fitandproper in the Circumstancesof ttrc c<tse" .
6 reads as follows:
"6. In replg totlecontentsof para 4, I submit that the Respondent herein admitted that sh.e leqrntaboutthe order of thjs Hon'ble Court on 06.05.2024. I submit thathauingqdmitledth'e knowledgeof the order the Respondent hereinu.tilfutlg and deliberatetg failedto complgwith the order dated 16.04.2024.The releuantdqtes are mentioned betoru forthe kind pentsal of this Hon'bteCourl.
| Ddte | Euent |
|---|---|
| 16.04.2024 | Date oforderinW.P.No.1913of2024 |
| 06.o5.2024 | Representatrcn madebAthepetitioner |
| 06.05.2024 | bate ofknowledgeofthe orderas Respondentinpora4 of the counter affi"dauit admittedbAthe |
| 29.O5.2024 | Conterry)t noticeissuedbA thePetittonercounsel |
| 07.06.2024 | ContemptPetitioncame tobefiled |
| 11.09.2024 | Copgofenqttiryreportutasprouidedto Petitioner |
I respectfutlg submitthat, euenafter hauing knouledge about the order dated. 16.04.2024passedbg this Hon'bleCourt on 06'o5 2024' the iespondent failedio comp\g iith the orderof this Hon'bleCourlwithin2 u-teiks from- O6.05.2024.This,sfyj,ustLntRespondent-lutsd'eliberatetg ind iienttonaltguiolated.th.e direction passed bg this Hon'ble HUh Court. The auerrnentthat due to general elections to the Houseof Parliamentqnd hectic work in tLrc ad.ministrationside, tltere is delag caused in funtishingthe report to the Petitioner^.is .ufttenable qnd baseless. TLrc GeneiatEiecttort's uereheld from19h Apil to l"t June 2024. It i.s not out ofthe place to menttontfnt, tle 2024 lndiangeneral electton utas held inTelanganaon 73 MdA 2024' Howeuer'theorder uas complied. bg iheRespondenton 11.09.2024'This clearlg shnust|nt th.e rec.i;on a{signed by theRespondent hns rlo nexu'suriththe implementation oi tn ori.r. Irespectfullg submittlat nothing preuented ti Resp6n62n1j7om implementingtleorderof this- Ho-n'bleCouri uithin tuto uteZks from-the dateof generat election i-e 13'05 2024' /'), /
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a
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reasons.On 30 08'2024' this Court while observing the indifferent attitudeof the respondent in imprementing the orders of this court issuedForm-I notice to the respondent and adjournedthe matter to at requestof respondentfor fiiing 27.Og.2024.On 27'O9'2O24' was adjournedto18' 1o'2O24'Ott counteraffidavit, the matter la.ll.2L24,therespondentpersonallyappearedbeforethisCourt ald submittedthat counter affidavithasbeenhled in the Registryon 16.10.2024and her presencewas dispensed with ln the counter affidavit,it is stated that coPYof the inquiry rePort hasbeen furnishedto the petitioner on 1 1'0.2024.
this Court Passedorders on g. In W'P'No'1913of 2024 16.04.2024directingthe resPonent herein to furnish coPY of the InquiryReport to the petitioner'withina perlod of two(02)from the dateof receipt of copy of the order' It is statedthat the petitionerhas submitteda representationon 06 05' 2024 'dttly enclosing the copy of theaforesaid order' The respondent was in officeupto Ol 'O7 '2024' Evenas on the date of hling of the contempt case i'e' on 07 '06 '2024 also,the respondent has not compliedthe orders of this Court'The lethargicattitudeon the part of the respondentin complyingwith the ordersof this Court woulddefrnitelyamounts to wilfuland deliberate violationofthe ordersof the Court'The reasons statedin the counter aflidavit aregeneralin nature' and the attendant circumstances'
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including the bchavior of the respondent-contemnor and the lack of genuine remorse or regret, disentitle her from having her unconditional apology accepted.
1 1. AccordingJl , this Contempt Case is closed by direr:ting the respondent to pay costs of Rs.25,0OO/- (Rupees Twenty Five Thousand only) 1o the High Court Legai Services Committee, High Court for the State of Telangana, Hyderabad, within a periocl of two(O2) weeks from today and a copy of the Receipt shall be filed in the Registry.
As a sequel, miscellaneous petitions, if any, pending shall
stand closed.
Sd/. I. NAGA LAKSHMI DEPUTY REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,
1 Two CCs to GP for Cooperation, Higtr Court for the State of Telangana. [OUT] 2 The Secretary, High Court Legal-services Commiftee, High C"ourt for th6 State oI Telangana at Hyderabad. [OUT] J. One CC to Sri Aruva Ra.qhuram Uifraddv, Advocate [OPUC] 4. Two CD Copies VH/gh
o
HIGH COURT
DATED: 1711212024
ORDER
CC.No.1029 of 2024
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CLOSING THE CC
Jpl
Y
1 issue framed by the court
Whether the respondent wilfully and deliberately violated the High Court's order of 16.04.2024 directing furnishing of a copy of the inquiry report.
3 provisions across 3 enactments
A. Murali Mukund
M. Haritha, Commissioner Cooperation and Registrar of Cooperative Societies
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
