Telangana High Court
CC/449/2012 of K. Chimperaiah Vs Sri Ajay Jain on 28 December 2012
VILAS V.AFZULPURKAR CONTEMPT CASE No.449 of 2012 Dt:- 28.12.2012 Between:- K.Chimperaiah … Petitioner and Sri Ajay Jain and others … Respondents This Court made the following:- HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR CONTEMPT CASE No.449 of 2012 ORDER: - This contempt case is
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Conclusion
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CONTEMPT CASE No.449 of 2012
Dt:- 28.12.2012
-Between:
K.Chimperaiah
and
… Petitioner
Sri Ajay Jain and others
… Respondents
This Court made the following:-
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKARCONTEMPT CASE No.449 of 2012
ORDER: -
This contempt case is filed alleging disobedience of orders of thisCourt in W.P.No.3558 of 2012, dated 17.12.2012. The operative portionof the order of this Court reads as follows:
“Writ Petition is, therefore, disposed of giving liberty tothe petitioners to file objections, if any, to the said RevisedProvisional Seniority List and keeping in view all the objectionsreceived the respondents are at liberty to finalise the senioritylist and effect promotions accordingly. In view of the disposalof the writ petition, the miscellaneous petitions, if any, standclosed. There shall be no order as to costs.”
After issuing notice on admission, respondents have filed acounter specifically stating in paragraph 4 that when the objections werebeing considered to the said provisional seniority list, the respondentsissued a memo, dated 30.03.2012, withdrawing the said provisionalseniority list itself. It is further claimed in the counter affidavit thatsubsequently another seniority list of Junior Accounts Officer has beenfinalized and thereafter promotions are effected.
Learned Standing Counsel for the respondents has producedcopy of the memo, dated 30.03.2012, whereunder the impugnedprovisional seniority list, dated 23.12.2011, was withdrawn. However,neither the fresh provisional seniority list nor the final list on the basis ofwhich promotions, dated 31.03.2012, were effected, is produced.
Learned counsel for the petitioners states that the petitionerswere not informed of the withdrawal of provisional seniority list, dated23.12.2011, nor there is any record relating to subsequent seniority listto justify the promotion, dated 31.03.2012.
In my view, however, the direction of this Court was to considerthe objections with respect to the provisional seniority list and effectpromotions after finalizing the seniority list. The respondents, however,has withdrawn the provisional seniority list itself as is evident from thememo, dated 30.03.2012. Therefore, so far as the subject matter of thewrit petition and the directions above are concerned, nothing further wasrequired to be done by the respondents. If the respondents havefinalized any other seniority list and effected any other promotions on31.03.2012, the same cannot be subject matter of this contempt caseand the petitioners are at liberty to question the same, if they areaggrieved thereby.
The Contempt Case, therefore, is dismissed with the libertyaforesaid. The miscellaneous applications, if any, stand dismissed. There shall be no order as to costs.
28.12.2012lmv
_____________________________
VILAS V. AFZULPURKAR, J
HONOURABLE SRI JUSTICE VILAS V.AFZULPURKAR
CONTEMPT CASE No.449 of 2012
lmv
28.12.2012