Marre Nagaraju & Ors. v. Life Insurance Corporation of India & Anr.

This Contempt Case under Section 12 of the Contempt of Courts Act, 1971 is filed with a prayer to punish the respondents for alleged violation of the order, dated 15.06.2011 passed by this Court in W.P.No.16063 of 2011.

The petitioners herein filed W.P.No.16063 of 2011, seeking to issue a writ of Mandamus declaring the action of the respondents in not forwarding the applications of the petitioners and in not allowing them to appear for the examination to be conducted by the Life Insurance Corporation of India on 26.06.2011 for the post of Peons and others Class-IV posts, as illegal and arbitrary.

This Court, by order, dated 15.06.2011, disposed of the Writ Petition directing respondent No.2 to take appropriate decision in accordance with the records maintained by the Corporation after verifying as to whether the petitioners are actually working as Class-IV employees for more than five years as on 18.01.2011 and possess the requisite eligibility criteria, their applications shall have to be forwarded to the first respondent.

Learned counsel for the petitioners contended the documents filed the petitioners would clearly go to show that the petitioners have been working in the Corporation for more than five years as on

18.01.2011, but that has been seriously disputed by the learned counsel for the respondents.

The Senior Divisional Manager, Life Insurance Corporation of India filed a detailed counter-affidavit stating that after verification of the records it was found that the petitioners did not actually work for more than five years as on 18.01.2011 as Class-VI Employees and therefore, there is no willful disobedience of orders of this Court and hence, the question of Contempt does not arise.

There cannot be any dispute that the disputed question of fact cannot be determined and resolved in a contempt proceeding or even by exercising the powers under Article 226 of the Constitution of India. Therefore, when the petitioners are not eligible for written examination, directing to consider their case and to permit them to write the examination do not arise. There is no disobedience of order, dated

15.06.2011, passed by this Court in W.P.No.16063 of 2011

Accordingly, the Contempt Case is dismissed leaving open the remedies available to the petitioners under law. There shall be no order as to costs. _______________ K.C.BHANU, J OCTOBER 10, 2011. YVL