HON'BLE SRI JUSTICE G.CHANDRAIAH & HON’BLE SRI JUSTICE M. SEETHARAMA MURTI C.C. No. 1063 of 2014 DATE: 08.08.2014 Between:
B.P. Samuel .. Petitioner and 1.M.K.Singh, Chairman & Managing Director, HCL 2. S.Babu Rao, Dy. General Manager (Unit Head), Hydeabad Unit, HCL Post. ..
Respondents O R D E R:- (per Hon’ble Sri Justice G. Chandraiah) This Contempt Case is filed alleging willful disobedience on the part of the respondents in complying with the Judgment dated 23.12.2013 passed by this Court in W.A. No. 1857 of 2013 whereby the respondents were directed to consider the case of the petitioner subject to fulfillment of requisite qualifications to the promotional post claimed by him or to any suitable promotional post, in accordance with law, keeping in view the promotions already given to respondent Nos.2 to 10 in the appeal and pass appropriate orders within a period of two months from the date of receipt of a copy of the Judgment.
Sri A.K.Jayaprakash Rao, learned counsel for the petitioner, submits that even though this Court categorically observed that the case of the petitioner shall be considered within a period of two months from the date of the judgment in the Writ Appeal, but the 2nd respondent issued Proceedings on 14.07.2014 and there is abnormal delay in the issuance of the proceedings for which there is no explanation.
Sri A. Sanjeev Kumar, learned Standing Counsel for Hindustan Cables Limited appearing for the respondents has produced a copy of the proceedings dated 14.07.2014 issued by the 2nd respondent – Deputy General Manager (Unit Head), in compliance of the judgment dated 23.12.2013 passed by this Court, and submits that the name of the petitioner did not fall under the purview of the “Consideration Zone” made by the Unit Management on 14.08.2002 inasmuch as the petitioner does not possess any requisite qualifications to the promotional post claimed by him or to any suitable promotional post.
Having heard the learned counsel for both the parties and perused the proceedings of the 2nd respondent, we are not inclined to go into the aspect of delay. However, in view of the fact that the 2nd respondent, in compliance of the judgment passed by this Court in W.A.No. 1857 of 2013, issued proceedings dated 14.07.2014 wherein the case of the petitioner has been considered and a decision regarding promotional post has already been taken, we are of the opinion that no contempt much less willful contempt can be alleged against the respondents.
Accordingly, the Contempt Case is closed. However, it is left open to the contempt petitioner to question the validity or otherwise of the proceedings dated 14.07.2014 issued by the 2nd respondent if he is so advised. No order as to costs.
As a sequel to the closure of the Contempt Case, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.
G. CHANDRAIAH, J 18.07.2014 M. SEETHARAMA MURTI, J
bcj