Andhra Pradesh High Court - Amravati
D Ram Suresh vs Dr. Rajat Bhargava, Ias, on 21 April, 2022
Author: Battu Devanand
Bench: Battu Devanand
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FORM} a
NOTICE FOR APPEARANCE IN PERSON AFTER ADMISSION
SEE RULE 78) S
IN TRE RIGH COURT OF ANDHRA PRADESH AT AMARA'
iOraginal Jurisdictian} :
THURSDAY, THE TWENTY FIRST GAY OF APRIL, TWO THOUSAND AND TWENTY TWO
:PRESENT:
THE HONOURABLE SRI JUSTICE BATTU DEVANAND
, CONTEMPT CASE Nos. 12594, 1720 and 1289 of 2027
C.0.No 1254 of 2027 3 .
Between :- .
&. Ram Suresh, S/o. late Sri Hanmancdiu, aged 61 years Retired as Asst. Proh. &
Excise Superintendent ,ESTF, Vilayawada, R/a. Flat No. 404, 4 Floor,
Saifarlne Flights, Ramavarapadu, Vilayawada, Krishna District.
woe PRCTIONELS
AND
4. Dr. Rajat Bhargava, JAS, Principal Secretary Revenue (Excise),
4° Block, Ground Floor, Roam No .134, AP. Secretariat, Velagapudi,
Amaravati, Gurtur District.
2.0r. Rajat Bhargava, LA.$., l/c. Commissioner, Prahibitian & Excise,
State of Andhra Pradesh, Prasadampadu, YYayawada, Krishna District.
. woo RESHONGEES,
3.5ri &.§. Rawat, :4.5,., Principal Secretary, Pinance Department,
State of Andhra Pradesh, A.P. Secretariat, Velagapud!, Guntur District.
iR3 impleaded as per Court arder dt. 23-09-2022 vide LA.No. 3 of 2022
in COLNo, 1284 of 2027)
Respondents
WHEREAS the petitioner has presented under Sections 1 to 14 of the
Contempt of Courts Act, 197i, the abhove: case through Ais counsel
Sri Ramalingeswara Rao Kocherlakots, praying the High Court to punish the
respondents herein, for their willful disobedience of the orders dt, 08-03-2024
passed by the Nigh Court in W.P.No. 5513 of 2024,
C.0.No. 1728 af 2021 3.
J. Harl, 8/0. Sri Venkateswarlu, Aged 61 years, Retired as Assistant Prohibition
& Excise Superintendent, at BRK Sorits, R/o. Plot No. 12, Vikram Apartment,
Pinnamaneni Poly Clinic Road, Gayatri Nagar, Polytechnic, Vijayawads,
Krishna District. . Petitioner.
AND
1.Dr. Rajat Bhargava, [AS, Principal Secretary, Revenue (Excise), 4°" Block,
Ground Floor, Room Ne. 134, A.P. Secretariat, Velagapud!, Amaravati,
Guntur District,
2.09, Rajat Bhargava, |.A.S., Lc Cammnissioner, Prohibition & Excise,
State of Andhra Pradesh, Prasadampadu, Vleyawada, Krishna District.
3.$ri 8.8. Rawat, LA.S., Principal Secretary, Finance Department,
State af Andhra Pradesh, A.P. Secretariat, Velagapucl, Guntur District.
iR3 impleaded as per Court order dt, 23-05-2022 vide LA.No. 3 of 2022
in COLNa, 1720 of 2029}
Respondents,
WHEREAS the Petitioner has presented under Section 10 ta 72 of the
Contempt of courts Act 1971, above case through fis counsel
Sri Ramalingeswara Rac Kocherla Kota, praying the Nigh Court to punish the
respandents, for willful discbedience of the orders passed in W.P.No. 3435 of
2021, dated : 8-3-2021 by this Hon'ble Court and failed to release all
retiremental benefits to the petitioner so far.
COINtddec.
"y
. ~ &
C.o.No. 1259 of 2021 3
Cherukurl Krishna Prasad, $o. late Sri Vernkaata Ratnarn, aged 67 years,
Retired Prah e Excise Superintendent, Chagallu, West Godavari District,
Ro. HLNo.at-25-38, Byreddy Vari Sandhu, Krishna Lanka, VHayawada,
.. Petitioner.
AND
{.Or..Rajat Bhargava, IAS, Principal Secretary, Revenue (Excise), 4" Block,
Ground Floor, Room No. 134, 4.8. Secretariat, Velagapuci, Amaravathi,
Surtiy Oistrict.
2.Uir. Rajat Bhargava, LA.S., l/c. Commissioner, Prohibition & Excise,
State of Ancuhra Pradesh, Frasadampadu, Vijayaawada, Krishna District.
3.9r9 $8.8, Rawat, LAS., Principal * cretar ry, Finance Department,
State of Andhra Pradesh, A.P. Secretariat, Ve lagapl ud, Guntur District.
Re impleaded as oer Court arder _ 23-0 O3-2022 vide LANO. 3 3 af 2022
CC.No, 1259 of 2021}
NAT
.<
okespandents,
WHEREAS the Petitioner has oresenied under Sectian 1Q to 12 of the
Cantempt of courts Act 7871, above case through Ais counsel Sn
Ramalingaswara Rao Kocherlakota, praying the High Court to ounish th
respondents for willful cisabec nes of the orders passed in WUPLNo. 5469 of
2021, dated © 8-4-2021, and | led to release all retirement benefits to the
petitioner insofar,
WHEREAS the said case coming on for hearin a and whereas the High Court,
and sariier orders of High Court and upen perusing the affidavit and upon
hearing the arguments of Sri Ramalingeswa a Ras Kocherlakota, Advocate for
petitioners in all Cs and of Sri N. Aswartha Narayana, Advocate representing
respondents, made the following
ORDER:- .
*in the Affidavit Hled by Respandent Nos.t and 2, ff is stated that after issuance of G.O.Rt.No.564, Revenue (Vie. J¥} Department, dated 4,09, 2021, all the armounts pertaining ta Encashment of Earned Leave, Pension Arrears and GratuRy were credifed ta the Patitiener's accaunt. With regard to 12% interest on pension Arrears and Gratuity, concerned Treasury Authorities have informed that 'without approval af the Finance Department enc Heads of Account for draw{ af 125%. Interest on pension Arrears arc Gratuity, Ho is not feasible te draw the arrears and pay fo the individual'.
it is further averred in the saidd Affidavit that keeping In view of the oijections of the Treasury Department, Gavernment has moved a fle bearing Computer No. 1647879 to the Finance Department, A.P. Secretariat, for issuance of necessary concurrence of the orders issued in G.O.R. TNO. S84, dated 14.09.2021, so as to release the pensionary benefits Le. 12% interest on pension arrears and gratuity, which ere pending foe the petitioner, and the remarkss€ COMCHEFENC! of the Finance Department js awaited. Soon after receipt of the arders from the Finance Department, necessary orders will be issued in the matter.
Considering these averments, the petitioner filed an angiication before this Court in LA.No.d of 2022 seeking to implead the Finance secretary as Respondent No.3 and the sald application is ordered by this Court on 25.03.2022 and a Notice was issued to Respondent Ne.3, On behalf of Respondent No.3, "Sri Aswartha Narayana, learned counsel, fled Vakalat and sought ime to file Counter Affidavit. Contd. 3.
~ 2 o :
Cansidering the facts and circurmstances of the case, this Court inclined to issue Notice In Fornyd to the Respondent No.3 as the Order of this Court could not comply with by the Respondent Nos. 1 and 2 in true spirit in view of the in action of the respondent No.3.
Accordingly, the Registry is directed to issue Notices In Farm-1 to the Respondent No.3."
To Sri s.8. Rawat, LAS., Principal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapud!, Guntur District.C.0.No. 1254 of 2024 2
WHEREAS your attendance is necessary to answer the charge under Sections 10 to 12 of Cortempt of Courts Act vig; for your willful disobedience of the orders dt. 08-05-2021 passed by the High Court in W.P.No, 55173 of 2021.
C.C.Ne. 1720 of 2027 t-
"WHEREAS your attendance is necessary to answer the charge under Sections 10 to 12 of Contempt of Courts Act viz; for your willful disobedience of the orders passed: in W.P.Ne. 5455 of 2021, dated : 8-3-2021 by this Hon'ble Court and failed to release all retiremental benefits to the petitioner se far C.o.No. 1259 of 2021 :-
WHEREAS your attendance is necessary to answer the charge under Sections 10 to 12 of Contempt of Courts Act viz: for your willful disobedience of the orders passed in W.P.Ne. 5489 of 2021, dated : 8-3-2021, and failed to release all retirement benefits to the petitioner insofar. Therefore, you, vIZ :
Sri $5. Rawat, LA S., Principal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District. are hereby routed fo appear i person (before the ge Court of Andhra cenmeeneeetscn' auainst you for oy contempt of the High Court of aia pradesh, at Amaravatt, You shall attend the High Court of Andhra Pradesh, Nelapadu, Amarayati in person on 13-06-2622 af 10.30 A.M and shall continue to attend the High Court on all days thereafter to which date the case against you starids adjourned, and until final orders. are passed on the charge against you, Herein fail not.
| SERURY Re REGISTRAR «.
Contd...
3 x m
1.The District Judes, Guntur, Guntur District, AP. (By R.P.A.D. in duplicate with a capy of petition and affidavit to serve an the Respondent No.3 in CC Nas, 1254, 1720, 1289 of 2021 and to return to this Court before 13-06-2022).
2. Sri 8.8. Rawat, LA.5., Princinal Secretary, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Guntur District.
(BY R.P.A.D. along with a copy of petition and affidavit)
3.One Spare Copy.
TKK HIGH COURT DEVO DATE? 21-04-2022 NOTICE TO THE RESPONDENT NOL3 FOR APPEARANCE ORDER CX. Nos. 12584, 2720 and 1258 of 2024,