MONDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE G.NARENDAR AND THE HONOURABLE SRI JUSTICE HARINATH.N

CONTEMPT CASE NO: 451 OF 2021

Petition under Sections 10 to 12 of Contempt of Courts Act 1971 praying that in the circumstances stated in the affidavit file herein the High Court may be pleased to pleased to issue a notice of contempt to the Respondents herein and punish them under Sections 10 to 12 of The Contempt of Courts Act, 1971 for willfully disobeying and violating the Orders passed by this Hon'ble Court in W.P.M.P. No.42804 of 2016 in Writ Petition No. 34718 of 2016 dated 18-10-2016, in accordance with law.

BETWEEN:-

B.Nageshwara Rao, Aged 59 Years S/o. (Late) Appanna, Occupation Senior Auditor, Flat No.202, D.No.39-22-26/1/03, Lalith Residency, Madhavadhara, opposite East Park, Visakhapatnam, Andhra Pradesh-PIN 530

...PETITIONER

AND

• 1. Sri. D.Srinivas Rao, Directorate of State Audit, D.No7-104, Anjana Towers, C Block, 4^th Floor, Ibrahimpatnam, Vijayawada, Krishna District.PIN 521 456.
• 2. Sri. R.Hari Prakash, Joint Director (The Then Regional Deputy Director of State Audit), D.No 7-104, Anjana Towers, C Block, 4^th Floor, Ibrahimpatnam, Vijayawada, Krishna District.PIN 521 456.

3. The Deputy Director for State Audit, Andhra University, Visakhapatnam. ' PIN 530 003.

4. Smt. Ch.V.Sita, W/o.Sri Ch. Sarada Rao, Promoted as Assistant Audit Officer (The Then Senior Auditor) D.No.7-104, Anjana Towers, C Block, 4*'^ Floor, Ibrahimpatnam, Vijayawada, Krishna District.PIN 521 456.

(R.3 is not necessary)

...RESPONDENTS (1 TO 4)

Counsel for the Petitioner:- SRI. KRISHNA MURTHY SUNKARA Counsel for the Respondent Nos.1 & 2:- SRI. N. ASWARHA NARAYANA Counsel for the Respondent No.4:- M/S. K. SATYANARAYANA MURTHY.

The Court made the following ORDER:-

HON'BLE SRI JUSTICE G.NARENDAR AND HON'BLE SRI JUSTICE HARINATH N

CONTEMPT CASE N0.451 of 2021

ORDER:- (per Sri Justice G.Narendar)

Heard the learned Government Pleader for Services I, learned Counsel appearing for the 4^^ Respondent and the learned counsel for the complainant.

2. Today, the learned Government Pleader for Services-I has placed on record a copy of the affidavit whereby the 2 Respondent has tendered his un-conditional apology, where under, he deposed that the order granting promotion is contrary to the order of this Court directing maintenance of Status-quo was completely on account of inadvertence and misreading of the order and that the same having now come to the notice of the deponent, the deponent has taken immediate action to have the situation reverted. nd

3. The learned Government Pleader for Services- ^I would submit that the unconditional apology tendered by the officer may be accepted, and in view of the reversion which demonstrates their bonafides, the contempt proceedings may be dropped.

The learned Senior counsel appearing for the private respondent would submit that in view of the status-quo having 4.

been restored, the Writ Appeal may be taken up for consideration and the contempt proceedings may be dropped.

The learned counsel for the complainant would submit 5. that the complainant has no objection for closing the contempt proceedings and proceed with the hearing of the Writ Petition.

6. The submission of the learned counsel is placed on record. The un-conditional apology tendered by the 2^nd Respondent is placed on record. The apology being un-conditional and the Officer having placed regret and having stated that he acted on account of inadvertence, this Court does not see any impediment to accept the un-conditional apology tendered.

7. Accordingly, the affidavit of apology is placed on record i and the Contempt Proceedings are dropped.

//TRUE COPY//

SECTION OFFICER

SD/- B PRASAD RAO ASSISTANT REGISTRAR

To,

• 1. Sri. D.Srinivas Rao, Directorate of State Audit, D.No7-104, Anjana Towers, C Block, 4^th Floor, Ibrahimpatnam, Vijayawada, Krishna District.PIN 521 456.
• 2. Sri. R.Hari Prakash, Joint Director (The Then Regional Deputy Director of State Audit), D.No.7-104, Anjana Towers, C Block, 4^th Floor, Ibrahimpatnam, Vijayawada, Krishna District.PIN 521 456.
• 3. The Deputy Director for State Audit, Andhra University, Visakhapatnam. PIN 530 003.
• 4. Smt. Ch.V.Sita, W/o.Sri Ch. Sarada Rao, Promoted as Assistant Audit Officer (The Then Senior Auditor) D.No.7-104, Anjana Towers, C Block. 4^th Floor, Ibrahimpatnam, Vijayawada, Krishna District.PIN 521 456.
• 5. One CC to Sri. Krishna Murthy Sunkara, Advocate [OPUC]
• 6. One CC to Sri. N. Aswarha Narayana, Advocate [OPUC]
• 7. One CC to Sri. K. Satyanarayana Murthy, (OPUC)
• 8. Three C.D Copies.

HIGH COURT

DATED:01/04/2024

ORDER

CC.No.451 of 2021

CLOSING THE CONTEMPT CASE