PRADEEP K.SHARMA Vs. DASARI SEETHA NADU

JUDGEMENT

(1.) This Contempt Appeal has been filed questioning the order dtd. 22/12/2017 in C.C.No.786 of 2017 by which the appellant was sentenced to pay a fine of Rs.2,000.00, in default, he was sentenced to undergo simple imprisonment for three (3) days.

(2.) This Court has heard Sri Prabhakar Sripada, learned counsel for the appellant and Sri N.Ravi Prasad for the respondent.

(3.) The matter was argued at length by Sri Prabhakar Sripada. By relying on his grounds of appeal, he submits that there is improper appreciation of law and the explanation offered by the appellant is not considered at all by the single Judge. It is his contention that the judgments cited by the appellant were not actually considered and applied in their proper perspective. He also points out that in the facts and circumstances of the case, the Andhra Pradesh Revised Pension Rules are not applicable at all to the case and that therefore the order is incapable of being executed. Learned counsel laid stress on the fact that there is no willful disobedience as the last drawn pay etc., were not determined. The calculation of pension is not actually possible as per him. Therefore, he submits that since it is not practicable or feasible, the order could not be complied with and that consequently there is no willful disobedience of the Court order. It is also submitted that when a vacate stay application has been filed, it should be considered first before the contempt application is taken up and this aspect is overlooked by the learned Judge. He also points out that there is no direction to give last drawn pay to the petitioner. Lastly, he also submits that this Court while hearing a contempt appeal cannot enhance the punishment and that this Court can either confirm the punishment or reduce the same. He relies upon the case law which is submitted by him including Niaz Mohammad and others v. State of Haryana and others (1994) 6 SCC 332 and other cases to argue that the distinction between willful disobedience and order being not capable of implementation should be kept in mind.