HON'BLE SRI JUSTICE D.V.S.S.SOMAYAJULU C.C.No.1208 of 2021
ORDER :
Heard learned counsel for the petitioner and Sri Suresh Kumar Reddy Kalava.
The issue before this Court is about the alleged willful disobedience by this Court order passed in W.P.No.21415 of 2019. A reading of this order reveals that in para 10, liberty was given to the appointing authority to decide on the validity of the petitioners claim based on an adoption deed. However, in the last para, a direction was given to the respondents to appoint the petitioner in a suitable post after satisfying the eligibility criteria. An enquiry was conducted as the petitioner also gave another application dated 03.04.2021 along with the order of this Court. On considering the matter, the 2nd respondent came to the conclusion that the adoption deed is fabricated, and therefore his claim for compassionate appointment is rejected.
Learned counsel for the petitioner argues that this is a willful disobedience, whereas Sri Suresh Kumar Reddy Kalava
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states that this order is passed in compliance with the direction of the Court only.
After considering the submissions, this Court is of the opinion that the respondents cannot be punished for "willful disobedience" of the Courts' order. Since this Court allowed them to conduct an enquiry, they have conducted the enquiry and came to their own conclusions. Their action, therefore, cannot be held to be in contempt much less willful disobedience of this Courts order.
The Contempt Case is therefore dismissed. No order as to costs. It is left open to the petitioner to pursue his remedies, if he is dissatisfied with the result of the enquiry. As a sequel, the miscellaneous petitions if any shall stand dismissed.
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D.V.S.S.SOMAYAJULU,J
Date : 28.09.2022
KLP
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