HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY CONTEMPT CASE No.491 of 2014 Date:11.07.2014 Between:
Y.Nannaiah, S/o Sanjeevaiah And:
Sri N.Jaya Raj, Executive Officer, The Chittoor District Co-Operative Central Bank, Chittoor.
……Petitioner …. Respondent Counsel for the petitioner: Sri Nandigam Krishna Rao Counsel for the respondent: Sri T.Nagarjuna Reddy The Court made the following:
HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
CONTEMPT CASE No.491 of 2014
ORDER:
This Contempt Case is filed alleging willful disobedience of order, dated 10.12.2010, in WPMP.No.39494 of 2010 in Wirt Petition No.31042 of 2010.
By the above-mentioned order, this Court has stayed recovery of Rs.1,71,552/-, as proposed in proceedings, dated 23.01.2010, of the Deputy Registrar of Co-Operative Societies/District Co-Operative Officer, Chittoor, however, giving liberty to the respondents in the Writ Petition to withhold that amount from out of the retirement benefits payable to the petitioner.
In this Contempt Case, the grievance of the petitioner is that in addition to the sum of Rs.1,71,552/-, the respondent has withheld more than another lakh of rupees and that the said action constitutes contempt of above-mentioned interim order of this Court.
The respondent filed a counter-affidavit, wherein he has inter alia, stated that in addition to the sum of Rs.1,71,552/-, the petitioner was found payable further amounts and that therefore after withholding the said sums also, the petitioner was paid Rs.14,730/-.
The order allegedly violated by the respondent is interim in nature. The Writ Petition is pending and the same is yet to be decided.
In these circumstances, in my opinion, the respondent cannot be hauled up for contempt for withholding the amounts in excess of Rs.1,71,552/-, allegedly due from the petitioner, on other counts. The appropriate course for the petitioner is to pursue the Writ Petition.
The Contempt Case is, accordingly, closed.
11th July, 2014 DR
JUSTICE C.V.NAGARJUNA
REDDY