T S Ravi Kumar vs. T. P. Das
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Order Issued After Hearing
Purpose:
Case Registered
Listed On:
18 Jul 2014
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Order Text
LISTED ON: 21.07.2014 COURT NO.: 07 ITEM NO. : 02
SECTION XII-A IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION NO. 3 OF 2014
(Application for revival of the Contempt Petition filed by T. Anamika, Advocate) AND
INTERLOCUTORY APPLICATION NO. 4 OF 2014
(Application for extension of time filed by Mr. D. Mahesh Babu, Advocate)
IN
INTERLOCUTORY APPLICATION NO. 5 OF 2014
(Application for intervention filed by Mr. Rabin Majumder, Advocate)
IN
INTERLOCUTORY APPLICATION NO. ... OF 2014
(Application for directions Mr. Rabin Majumder, Advocate)
IN
INTERLOCUTORY APPLICATION NO. 6 OF 2014
(Application for revival of contempt petition filed by Mr. C. S. N. Mohan Rao, Advocate)
IN
CONTEMPT PETITION (C) NO. 382 OF 2013
IN
CIVIL APPEAL NO. 5141 OF 2002
GOTOORU ANANTHA REDDY & ORS. ..PETITIONERS
-VERSUS-
T.P. DASS, IPS & ORS. ...ALLEGED CONTEMNORS
WITH INTERLOCUTORY APPLICATION NO. 1 OF 2014
(Application for permission to file Contempt Petition)
IN
CONTEMPT PETITION (C) NO. ......... OF 2014 (D. No. 23050/2014)
(filed by Mrs. Sudha Gupta, Advocate)
IN
CIVIL APPEAL NO. 5141 OF 2002
T.S. RAVI KUMAR & ORS. ..PETITIONERS
-VERSUS-
T.P. DAS, IPS & ORS. ...ALLEGED CONTEMNORS
OFFICE REPORT
The applications for revival of the Contempt Petition and extension of time in the Contempt Petition above-mentioned were listed before the Court on 7 th July, 2014, when the Hon'ble Court was pleased to pass the following order:
"I.A. No. 4 of 2014, filed at the behest of the respondents, acknowledges the fact that the judgment rendered by this Court dated 9.10.2009 has not yet been implemented.
Mr. T.P. Dass, presently Director General (Vigilance and Enforcement), Mr. Prasada Rao, Principal Secretary, Home Department, Government of Andhra Pradesh, and Mr. J.V. Ramudu, Director General, Government of Andhra Pradesh are present in the Court in person. They have held the positions of the respondent nos. 1 and 2 depicted in the contempt petition. They undertake to hold review DPC and pass promotion/demotion orders, in compliance with the directions issued by this Court, within one week from today.
Besides not implementing the order passed by this Court on 9.10.2009, the respondents have not complied with the undertaking given to this Court on 13.01.2014, we propose to take action against them. Accordingly, we issue a show cause notice to them to explain their positions for not complying with the undertaking given to this Court.
We are informed that different officers were managing the positions of Principal Secretary, Home Department, Director General of police, Government of Andhra Pradesh and Deputy Inspector General of Police, Hyderabad Range, since January, 2014. We would request respondent no. 1 to prepare a list of the same and inform all of them to remain present in the Court on the next date of hearing. We issue a show cause notice to all those officers to inform us about the action taken by them when they were holding the positions under reference, ever since we passed the order dated 13.1.2014.
In view of the fresh undertaking given by the officers present in the Court today, we defer proceedings in this Case to 21.07.2014.
All the officers shall remain present in the Court on 21.07.2014. List again on 21.07.2014."
It is submitted to the Hon'ble Court that pursuant to the aforesaid order dated 7 th July, 2014 notice was issued to the Respondent/Contemnors Nos 1 to 3 and Mr. Prasada Rao, Principal Secretary, Home Department, Government of Andhra Pradesh, and Mr. J.V. Ramudu, Director General, Government of Andhra Pradesh. Neither A. D. Cards nor unserved covers containing notice have been
received back so far. Certified copy of Record of Proceedings dated 7 th July, 2014 alongwith notice was also forwarded to the Respondent No. 1 for effecting service on the officers vide this Registry's letter dated 10th July, 2014.
It is further submitted that Mr. D. Mahesh Babu, Advocate for Respondent/Contemnors has on 7 th July, 2014 filed affidavits i.e. (1) affidavit on behalf of state of Telangana, (2) affidavit of Inspector General of Police, Hyderabad Range from 12.02.2014 onwards and (3) affidavit of Deputy Inspector General of Police, Hyderabad Range (During 27.05-2013 to 12.02.2014) and the said affidavits are being circulated herewith.
It is further submitted that Mr. G. Prabhakar, Advocate has on 16th July, 2014 filed affidavits i.e. (1) affidavit on behalf of state of Andhra Pradesh, (2) Affidavit on behalf of Director General of Police, State of Andhra Pradesh and (3) Respondent No. 1 and the said affidavits are being circulated herewith.
It is also submitted that Mr. Rabin Majumder, Advocate has on 14th September, 2014 filed an application for intervention alongwith an application for direction in I. A. No. 3/2014 in Contempt Petition No. 382 of 2013 on behalf of applicants . The said applicants were not party to the substantive matter. The application for intervention has been registered as I. A. No. 5/2014. The said application for intervention alongwith unregistered application for direction are listed before the Hon'ble Court. The paper books of said applications are being circulated herewith.
It is also submitted that Mrs. Sudha Gupta, Advocate has on 17th July, 2014 filed contempt petition to take cognizance of the deliberate and willful violation of the Judgment of this Court dated 9 th October, 2009 passed in Civil Appeal No. 5141 of 2009. The contempt Petitioner/Applicants were not party to the substantive matter i.e. Civil Appeal No. 5141 of 2002 Mrs. Sudha Gupta, Advocate has also filed an application for permission to file contempt petition on behalf of petitioners/Applicants the said application has been registered as I. A No. 1/2014. The said application for permission to file contempt petition with unregistered Contempt petition above-mentioned are listed before the Hon'ble Court. The paper books of said Contempt petition with application for permission to file contempt Petition are being circulated herewith.
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It is lastly submitted that Mr. C. S. N. Mohan Rao Advocate has also filed an application for revival of contempt Petition on behalf of applicants after taking "no objection" from Ms. T. Anamika, erstwhile Advocate for the applicants. The said application has been registered as I. A. No 6/2014 and the same is being circulated herewith.
The aforesaid applications in the Contempt Petition and unregistered Contempt Petition above-mentioned are listed before the Hon'ble Court with this office report.
Dated this, the 19th day of July, 2014.
ASSISTANT REGISTRAR
Copy to:
-
- Ms. T Anamika, Advocate
-
- Mr. D. Mahesh Babu, Advocate.
-
- Mr. G. Prabhakar, Advocate
-
- Mr. Rabin Majumder, Advocate
-
- Mrs. Sudha Gupta, Advocate
-
- Mr. C.S.N. Mohan Rao, Advocate