Telangana High Court
CC/554/2021 of R. Sampath Vs Sri. Ajay Kumar Balla on 30 December 2022
COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY , THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE NO: 554OF 2021 Contempt Case under Sections 10 lo 12 of Contempt of Courts Act to punish the Respondent herein for,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD
FRIDAY ,THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
PRESENT
THE HONOURABLE SRI JUSTICE P. NAVEEN RAO
CONTEMPT CASE NO: 554OF 2021
Contempt Case under Sections 10 lo 12 of Contempt of Courts Act to punishthe Respondent herein for, willfully violating, the Order of the High Court dated29-06-2020 in WP No. 43093 of 20'16
Between:
R. Sampath, s/oRajaiah Aged about 46 years, CISF Constable lG MintHyderabad, Fl/o.tMamidalapalli, Veenavanka l\rlandal, Karimnagar DistrictTelangana.
...Contempt Petitioner
AND
1. Sri. Ajay Kumar Balla, Secretary, Ministry of Home Affairs, Union of lndia,North Block, New DelhiNorth Block, New Delhi
2. Subhodh Kumar Jaiswal, Director General, CISF Head Quarters, CGOComplex, Lodhi Road, New DelhiComplex, Lodhi Road, New Delhi
3. Vipin Kumar Thomar, Group Commandant, CISF, Group Head Quarters,NISA, Hakeempet, Hyderabad.NISA, Hakeempet, Hyderabad.
...Respondents
Counsel for the Petitioner: SRl. R. SAMPATH, PARTY lN PERSON
Counset forthe Respondent Nos.1 to 3: SRI GADI PRAVEEN KUMAR, DeputySolicitor General of lndia.
The Court made the following: ORDER
l
HON'BLE SRI JUSTICE P.NAVEDN RAO
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ORDER:
CONTEMPT CASE No.554 OF 2O2L
This Court by order dated 29.06.202O allowed W.p.No.43O93 of2O16 sctting aside the order dated 07. 11.2015 of punishment ofcompulsory retirement as afhrmed by the 4rh respondent videproceedings dated 02.1 1.2016. The Court ordered that petitioner isentitled to reinstatement and further directed the Disciplinary Authoriryto refer the petitioner to duly constituted Medical Board and based onthe assessment of the Medical Board to take further steps as requiredby law. Alleging that the said orders are not complied, this contemptcase is filed.
2. Heard the party-in-person/ petitioner and learned Deputy SolicitorGeneral
3. Tlre respondents filed compliance report dated 28.72.2022. lt isstated in the compliance report that petitioner was reinstated intoservice vide order dated 3f .08.2020 and he joined in service on19 .O9 .2O2O. A sum of Rs. 15,59,599/ - was paid towards back wagesnhich include basic pay and Dearness allowance by altowing annualincrements from the date of his cornpulsory retirement till he wasreinstated into service. Further, an amount of Rs.57,133/- was paidtreating the suspension period. Petitioner was referred and directed toappear before the duly constituted Medical Board. He was admitteci in mental hospital [on ][07 ][.Ol.20'21 ][and ][u'as ][in ][tl-rc ][hospital ][tlll ][27 ]['Ol '20'21]and was discharged [from hospital ][on 28'Ol'2O21 ]' [He ][was brought ][back]to CRPF Composite [Hospital, ][Chandrayangutta, ][I-Iyderabad ][for ][furthcr]treatment. [As ][per the ][report ][dated ][O5 ][O2 ][202 ][I ][of ][Medical Board ][of]CRPF Composite [Hospital, petitioner ][was ][sttffering ][from ][BIPOLAR]EFFECTIVEDISORDERWITHPSYCHOSISPRESENTLY-IN-MANIA.ItiSstated that [petitioner ][was ][allowed ][to ][continuing ][service ][under ][the]supervision initially [for ][a ][period ][of ][six ][months ][under low ][medical]53. It [is ][further ][stated ][that ][petitioner's ][case ][was ][placed ][before]category tl-re DPC 2022 [wnich was conducted ][on ][19.O8.2022 ][for consideration ][of]his suitability for [promotion. ][As ][he ][should ][be ][in ][shape-l ][medical]to [secure ][promotion ][petitioner has ][to ][be subjected ][to ][medical]category examination before [the ][Medical Board, ][but ][he ][is ][not ][cooperating']
4. Learned Deputy Solicitor [General ][informs the ][Court ][that ][as ][and]when petitioner reports [for ][medical ][examination, ][he ][will ][be ][subjectcd ][to]medicalexaminationandbasedonthecategorizationhispromotionwiilbe considered.
5. Having regard to the [orders ][passed ][by this ][Court ][and ][the]it [cannot ][be said ][that ][there ][is ][violation ][of ][the]compliance report, directions of this [Court, more ][so, ][deliberate ][or ][wilful, ][warranting]initiation of [contempt ][proceedings.]
6. Contempt Case [is ][accordingly, ][closed' ][At this ][stage, ][the ][party-in-]to contend [that ][he ][is ][entitled ][to ][higher monetary ][benefits]person sought thanwhatispaidandthatheisentitledtopromotionretrospectivelyfrom the [date of ][promotion ][ol$ ][juniors. ][These ][are ][the ][matters which]
should be urgcd b1. thc pctitioner in appropriate proceedings. It is opcnto the petitioner to appear for medical examination which is the primaryrequirement for consideration to grant promotion.
Pending misccllaneous petitions, if any, shall stand closed.
Sd/. CH. VENKATESWARLU//rRUE coPY// [ot"'*.%Tfl1i\r']SECTION.OFFICER\
To,1. Sri. Ajay Kumar Balla, Secretary, lVinistry of Home Affairs, Union of lndia,North Block, New Delhi1. Sri. Ajay Kumar Balla, Secretary, lVinistry of Home Affairs, Union of lndia,North Block, New Delhi
2. Subhodh Kumar Jaiswal, Director General, CISF Head Quarters, CGOComplex, Lodhi Road, New DelhiComplex, Lodhi Road, New Delhi
3. Vipin Kumar Thomar, Group Commandant, CISF, Group Head Quarters,NISA, Hakeempet, Hyderabad.NISA, Hakeempet, Hyderabad.
4. R. Sampath, s/o. Rajaiah Aged about . 46 years, CISF Constable lG MintHyderabad, R/o. lt/amidalapalli, Veenavanka [\/andal, Karimnagar DistrictTelangana (Party- in-Person) (OPUC)Hyderabad, R/o. lt/amidalapalli, Veenavanka [\/andal, Karimnagar DistrictTelangana (Party- in-Person) (OPUC)
5. Two CCs to SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia,Telangana State (OUT)Telangana State (OUT)
6. Two CD Copies
kam<.f-
HIGH COURTDATED:3011212022
ORDERCC.No.554 of 2021
CONTEMPT CASE IS CLOSED
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