PAPER APOLOGY CANNOT BE ACCEPTED IN CONTEMPT CASES: ANDHRA PRADESH HC

In a very significant judgment with far reaching consequences which no one can ever afford to just gloss over, the Andhra Pradesh High Court in a most learned, laudable, landmark and latest judgment titled P Satyanarayan Reddy vs M Saraswathi, Deputy Director, Tribal Welfare in Contempt Case No. 1032 of 2019 that was pronounced as recently as on November 7, 2023 minced just no words to say in no uncertain terms that "paper apology" cannot be accepted in contempt of court cases. The Court was most forthright in observing that, "Paper Apology" is an apology which is hollow; or with no remorse, regret or repentance, or if it is only a device to escape the rigour of the law. It must also be disclosed here that the Court observed so while holding clearly that Mrs M. Saraswathi, the Deputy Director of Tribal Welfare guilty of contempt of court under Section 12 of the Contempt of Court Act, 1971 (CC Act).

- SANJEEV SIROHI

At the very outset, this brief, brilliant, balanced and bold judgment authored by the Single Judge Bench comprising of Hon'ble Sri Justice Ravi Nath Tilhari sets the ball in motion by first and foremost putting forth in para 2 that, "This contempt case is filed against the respondent Smt. S. Saraswathi, Deputy Director, Tribal Welfare I.T.D.A., Rampachodavaram, East Godavari District, (Presently Director) with respect to the judgment and order dated 14.08.2019 passed by the writ Court in W.P.No.11279 of 2019.”

FACTS

To put things in perspective, the Bench envisages in para 3 that, “The petitioner was working as Secondary Grade Teacher, in Ashram Upper Primary School, Kansuluru Village, Chinturu Mandal, East Godavari District. He was not considered for promotion to the post of School Assistant (Maths). He had given representations to the 1st respondent, the last being dated 18.07.2019, but when there was no response and two of his juniors were already promoted he filed W.P.No.11270 of 2019 for the following relief: “… to declare the Orders passed by the Respondents in not treating B Tech with Chemical Engineering with Maths as one of the subjects as required qualification as per G O Ms No 45 Social Welfare TW SER II/ A1 Department dated 28 6 2011 for promotion to the post of School Assistant Maths as illegal arbitrary discriminatory and violates the Article 14 16 and 21 of Constitution of India and consequently direct the respondents to effect promotion of the petitioner with effect from 16 7 2019 with all consequential benefits and to pass…””