FORM-I

NOTICE FOR APPEARANCE IN PERSON AFTER ADMISSION (SEE RULE 18)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Original Jurisdiction)

MONDAY, THE ELEVENTH DAY OF JULY, TWO THOUSAND AND TWENTY TWO :PRESENT:

THE HONOURABLE SRI JUSTICE BATTU DEVANAND

SUO MOTU CONTEMPT CASE No. 1372 OF 2022 IN I.A.No. 1 of 2022 in W.P.No. 7258 of 2022

Between :-In Re....

Smt R.S. Ganga Bhavani, District Educational Officer, Guntur, Presently Working as District Educational Officer, Eluru.

..Respondent/Contemnor

This Suo Motu contempt case is filed Under Article 215 of the Constitution of India and Sections 10 to 12 of the Contempt of Courts Act 1971 R/w Rules 4(1) and 5 (a) of the Contempt of Court Rules 1980, during the course of the proceedings in W.P.No. 7258 of 2022 recorded on 29.03.2022, 06.04.2022 and 13.04.2022, the Hon'ble Court observed that the third respondent in the Writ Petition i.e., District Educational Officer Guntur, has violated the order dated 24.03.2022 passed by the Hon'ble Court in I.A.No. 1 of 2022, wherein the respondents were directed to maintain status quo in all respects till the next date of hearing, by issuing the proceedings dated 26.03.2022 transferring three teachers working in the 1^st petitioner-Institution on deputation, contrary to the above order dated 24.03.2022, and intended to initiate suo motu contempt proceedings against the third respondent; but before doing so, the Hon'ble Court, intending to hear the Officer concerned, directed the third respondent to appear before the Hon'ble Court on 06.04.2022; that on the said date i.e., on 06.04.2022, when the third respondent viz., Smt R.S. Ganga Bhavani, the District Educational Officer, Eluru, appeared in person before the Hon'ble Court and placed a letter vide L.Dis.No.2000/A4/2022, dated 28.03.2022, issued by her, instructing the Mandal Educational Officer, Guntur and the Deputy Educational Officer, Guntur, not to relieve the teachers mentioned therein, who are working in the petitioners-Institutions in W.P.Nos.6368 and 7258 of 2022, and when the learned counsel for the petitioners brought to the notice of the Hon'ble Court that proceedings dated 26.03.2022 are marked to the individual teachers and Head Masters of the concerned schools and the proceedings. dated 28.03.2022 are not marked to the individual teachers and the Head Masters of the schools, the Hon'ble Court, having doubted that the proceedings dated 28.03.2022 are antedated after passing of the order of appearance of the third respondent by this Court on 29.03.2022, directed the third respondent to produce the original records pertaining to the proceedings dated 28.03.2022 along with dispatch registers on 13.04.2022; and that on the said date i.e., on 13.04.2022, having verified the original records produced by the third respondent in the Writ Petition, in person, which pertain to the proceedings dated 28.03.2022, along with dispatch registers, having found certain discrepancies in the registers, and having observed that there is failure of production of the original records in proper manner and also non-mentioning of proceedings dated 26.03.2022 in the proceedings dated 28.03.2022 issued by the third respondent, the Hon'ble Court prima facie came to the conclusion that you, the third respondent in Writ Petition No.7258 of 2022, did not comply the orders passed by the Hon'ble Court on 24.03.2022 in I.A.No. 1 of 2022 in W.P.No. 7258 of 2022 in true spirit and made an attempt to defeat the orders of this Court, and directed the Registry to issue notice to the Contemnor.

WHEREAS the said case coming on for hearing, and whereas the High Court, upon perusing the affidavit filed therein, the earlier orders dt. 13-04-2022 and upon herein the arguments of the Advocate General for State and of Sri L.V.S. Nagaraju, Advocate for respondent/Contemnor, made the following

ORDER :-

"On behalf of the respondent counter affidavit has been filed.

On perusal of the counter affidavit, we are not satisfied with the contention of the respondent.

Issue notice in Form-I to the respondent."

To

Smt R.S. Ganga Bhavani, District Educational Officer, Guntur, Presently Working as District Educational Officer, Eluru, West Godavari District.

WHEREAS your attendance is necessary to answer the charge under Sections 10 to 12 of the Contempt of Courts Act 1971, viz; for not comply the orders passed by the Hon'ble Court on 24.03.2022 in I.A.No. 1 of 2022 in W.P.No. 7258 of 2022.

Therefore, you, viz;

Smt R.S. Ganga Bhavani, District Educational Officer, Guntur, Presently Working as District Educational Officer, Eluru, West Godavari District.

are hereby required to appear in person before the High Court of Andhra Pradesh at Amaravati (Nelapadu) on 08-08-2022 at 10.30 A.M. and show cause why you shall not be punished or other appropriate order be not passed against you for contempt of the High Court of Andhra Pradesh, at Amaravati.

You shall attend the High Court of Andhra Pradesh in person on 08-08-2022 at 10.30 A.M. and shall continue to attend the High Court on all days thereafter, to which date the case against you stands adjourned, and until final orders are passed on the charge against you.

Herein fail not.

$v$ DEPUTY REGISTRAR

To

1. The District Judge, West Godavari District, at Eluru, A.P. (By RPAD - in duplicate with a copy of petition and affidavit to serve on the sole respondent and to return to this Court before 08-08-2022).

2.Smt R.S. Ganga Bhavani, District Educational Officer, Guntur,

Presently Working as District Educational Officer, Eluru, West Godavari District.<br>(Addressee No. 2 By RPAD along with a copy of petition and affidavit)<br>3.Two CCs to the Advocate General, High Court of A.P., at Amaravati.(O

4. One Spare Copy.

HIGH COURT

DEV.J

DATE: 11-07-2022

NOTICE FOR APPEARANCE FOR RESPONDENT

ORDER

CC. No. 1372 of 2022.