R. Sampath v. Sri. Ajay Kumar Balla

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY ,THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO CONTEMPT CASE NO: 554OF 2021 Contempt Case under Sections 10 lo 12 of Contempt of Courts Act to punish the Respondent herein for, willfully violating, the Order of the High Court dated 29-06-2020 in WP No. 43093 of 20'16 Between:

Rajaiah Aged about 46 years, CISF Constable lG Mint tMamidalapalli, Veenavanka l\rlandal, Karimnagar District R. Sampath, s/o Hyderabad, Fl/o.

Telangana.

...Contempt Petitioner AND

1. Sri. Ajay Kumar Balla, Secretary, Ministry of Home Affairs, Union of lndia, North Block, New Delhi

2. Subhodh Kumar Jaiswal, Director General, CISF Head Quarters, CGO Complex, Lodhi Road, New Delhi

3. Vipin Kumar Thomar, Group Commandant, CISF, Group Head Quarters, NISA, Hakeempet, Hyderabad.

...Respondents

Counsel for the Petitioner: SRl. R. SAMPATH, PARTY lN PERSON Counset forthe Respondent Nos.1 to 3: SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia.

The Court made the following: ORDER

l HON'BLE SRI JUSTICE P.NAVEDN RAO CONTEMPT CASE No.554 OF 2O2L ORDER:

This Court by order dated 29.06.202O allowed W.p.No.43O93 of 2O16 sctting aside the order dated 07. 11.2015 of punishment of compulsory retirement as afhrmed by the 4rh respondent vide proceedings dated 02.1 1.2016. The Court ordered that petitioner is entitled to reinstatement and further directed the Disciplinary Authoriry to refer the petitioner to duly constituted Medical Board and based on the assessment of the Medical Board to take further steps as required by law. Alleging that the said orders are not complied, this contempt case is filed.

2.

Heard the party-in-person/ petitioner and learned Deputy Solicitor General 3.

Tlre respondents filed compliance report dated 28.72.2022. lt is stated in the compliance report that petitioner was reinstated into service vide order dated 3f .08.2020 and he joined in service on 19 .O9 .2O2O. A sum of Rs. 15,59,599/ - was paid towards back wages nhich include basic pay and Dearness allowance by altowing annual increments from the date of his cornpulsory retirement till he was reinstated into service. Further, an amount of Rs.57,133/- was paid treating the suspension period. Petitioner was referred and directed to appear before the duly constituted Medical Board. He was admitteci in

--, - mental hospital on 07 .Ol.20'21 and u'as in tl-rc hospital tlll 27 'Ol '20'21 and was discharged from hospital on 28'Ol'2O21 ' He was brought back to CRPF Composite Hospital, Chandrayangutta, I-Iyderabad for furthcr treatment. As per the report dated O5 O2 202 I of Medical Board of CRPF Composite Hospital, petitioner was sttffering from BIPOLAR EFFECTIVEDISORDERWITHPSYCHOSISPRESENTLY-IN-MANIA.ItiS stated that petitioner was allowed to continuing service under the supervision initially for a period of six months under low medical category 53. It is further stated that petitioner's case was placed before tl-re DPC 2022 wnich was conducted on 19.O8.2022 for consideration of his suitability for promotion. As he should be in shape-l medical category to secure promotion petitioner has to be subjected to medical examination before the Medical Board, but he is not cooperating' 4.

Learned Deputy Solicitor General informs the Court that as and when petitioner reports for medical examination, he will be subjectcd to medicalexaminationandbasedonthecategorizationhispromotionwiil be considered.

5.

Having regard to the orders passed by this Court and the compliance report, it cannot be said that there is violation of the directions of this Court, more so, deliberate or wilful, warranting initiation of contempt proceedings.

6.

Contempt Case is accordingly, closed' At this stage, the party-inperson sought to contend that he is entitled to higher monetary benefits thanwhatispaidandthatheisentitledtopromotionretrospectively from the date of promotion ol$ juniors. These are the matters which

-4should be urgcd b1. thc pctitioner in appropriate proceedings. It is opcn to the petitioner to appear for medical examination which is the primary requirement for consideration to grant promotion. Pending misccllaneous petitions, if any, shall stand closed. //rRUE coPY// ot"'*.%Tfl1i\r'

Sd/. CH. VENKATESWARLU SECTION.OFFICER\ To,

1. Sri. Ajay Kumar Balla, Secretary, lVinistry of Home Affairs, Union of lndia, North Block, New Delhi

2. Subhodh Kumar Jaiswal, Director General, CISF Head Quarters, CGO Complex, Lodhi Road, New Delhi

3. Vipin Kumar Thomar, Group Commandant, CISF, Group Head Quarters, NISA, Hakeempet, Hyderabad.

4. R. Sampath, s/o. Rajaiah Aged about . 46 years, CISF Constable lG Mint Hyderabad, R/o. lt/amidalapalli, Veenavanka [\/andal, Karimnagar District Telangana (Party- in-Person) (OPUC)

5. Two CCs to SRI GADI PRAVEEN KUMAR, Deputy Solicitor General of lndia, Telangana State (OUT)

6. Two CD Copies kam<.f-

HIGH COURT DATED:3011212022 4-1 'v 6Fr E7 FS .< a t, = a c'r-f I I |- ,}

ORDER

CC.No.554 of 2021 CONTEMPT CASE IS CLOSED GQ o \e^