Dismissed

Thampi Thomas v. Rabindra Kumar Agarwal IAS

Kerala HC8 Dec 2023Con.Case(C)/2434/2023

Case brief

AI extract

What is this about?

This Court disposed of a Contempt of Court petition concerning the withholding of amounts pending a related order. The Court found the actions not contumacious in the present circumstances and closed the case without further adjudication. No orders were made regarding thestay or recovery.

What did the court decide?

The Contempt of Court Case was closed as the Court was not persuaded to view the respondents' actions as contumacious.

Thampi Thomas Vs Rabindra Kumar Agarwal IAS — Contempt of Court | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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¶5

THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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FRIDAY, THE 8^TH DAY OF DECEMBER 2023/17TH AGRAHAYANA, 1945

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CON.CASE(C).NO.2434 OF 2023

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AGAINST THE ORDER DATED 16.1.2023 IN OP(KAT).NO.13/2023 OF HIGH COURT OF KERALA PETITIONERS/RESPONDENTS 1 TO 7 AND 9:

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1 THAMPI THOMAS AGED 58 YEARS S/O. K.K.THOMAS, RETIRED ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), KATTAKADA 695572, RESIDING AT THARAKAN VEEDU, PARUTHYKUZHY P.O., NEDUMANGADU, THIRUVANANTHAPURAM, PIN - 695541

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2 K. RAMACHANDRAN NAIR AGED 58 YEARS, S/O. N.KOCHUNARAYANA PILLAI, RETIRED ASSISTANT DIRECTOR, OFFICE OF THE JOINT DIRECTOR AUDIT, THIRUVANANHAPURAM 695034, RESIDING AT UTHRAM, KARIPOOR P.O., NEDUMANGADU, THIRUVANANTHAPURAM DISTRICT, PIN - 695541

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3 N. SUNIL AGED 58 YEARS, S/O. R. NANU PILLAI, RETIRED ASSISTANT DIRECTOR, OFFICE OF THE ASSISTANT DIRECTOR (AUDIT), RANNI, PATHANAMTHITTA 689672, RESIDING AT NARAYANEEYAM, CHERUKUNNAM, VARKALA P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695541

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4 K.G. OMANAKUTTAN AGED 58 YEARS, S/O. R. GOPINADHAN PILLAI, RETIRED ASSISTANT REGISTRAR (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR (GENERAL), UDUMPANCHOLA, IDUKKI 68554, RESIDING AT THEJAS, KANNANKARA, MANNOORBHAGOM, ALACODU P.O., THIRUVANANTHAPURAM DISTRICT, PIN - 695102

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CONT. CASE.(C).NO.2434/2023 :: 2 ::

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5 G. SURESH KUMAR AGED 56 YEARS, S/O. V.GANGADHARA PANICKER, RETIRED ASSISTANT REGISTRAR, OFFICE OF REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM 695015, RESIDING AT NILAVU, NEAR UPS VELLANAD, VELLANAD P.O.,THIRUVANANTHAPURAM, PIN - 695014

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6 P.P. AJAYAKUMAR

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AGED 56 YEARS, S/O. K.PRABHAKARAN, RETIRED ASSISTANT DIRECTOR (AUDIT), OFFICE OF THE JOINT DIRECTOR (AUDIT), THIRUVANANTHAPURAM 695034 RESIDING AT HARICHANDANAM, NEAR ELAMPA HSS, POIKAMUKKU P.O., THIRUVANANTHAPURAM, PIN - 695013

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7 P. SATYARAJ AGED 57 YEARS, S/O. PALAYYAN, ASSISTANT DIRECTOR AUDIT, OFFICE OF THE ASSISTANT DIRECTOR (AUDIT), THIRUVANANTHAPURAM 695001, RESIDING AT S.S. VIHAR, MANALUVILA, ARAYOOR P.O., THIRUVANANTHAPURAM, PIN - 695122

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8 RAJESH S.

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AGED 56 YEARS, S/O. T.P. SUNDARESAN PILLAI, ASSISTANT DIRECTOR AUDIT, OFFICE OF THE JOINT DIRECTOR AUDIT, THIRUVANANTHAPURAM 695034, RESIDING AT ANJANAM, THANDRAMPOIKA, VENJARAMOODU, THIRUVANANTHAPURAM DISTRICT, PIN - 695607

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BY ADV.K.P.SATHEESAN (SR.) BY ADV.SRI.P.MOHANDAS (ERNAKULAM) BY ADV.SRI.K.SUDHINKUMAR BY ADV.SRI.SABU PULLAN BY ADV.SRI.GOKUL D. SUDHAKARAN BY ADV.SRI.R.BHASKARA KRISHNAN BY ADV.SRI.BHARATH MOHAN

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RESPONDENT(S)/PETITIONERS 1 AND 3:

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1 RABINDRA KUMAR AGARWAL IAS

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AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, SECRETARY, FINANCE DEPARTMENT,

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CONT. CASE.(C).NO.2434/2023 :: 3 ::

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GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695001.

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2 ATHURVA SINHA AGE AND HUSBAND'S NAME NOT KNOWN TO THE PETITIONER, ACCOUNTANT GENERAL (A & E), KERALA AUDIT BHAVAN, STATUE, THIRUVANANTHAPURAM, PIN – 695001.

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BY SMT.VINEETHA B., SR. GOVERNMENT PLEADER

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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CONT. CASE.(C).NO.2434/2023 :: 4 ::

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J U D G M E N T

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Dr. A.K. Jayasankaran Nambiar, J.

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It is seen from the averments in the Contempt Petition that there has been no recovery of amounts paid in excess to the respondents, but what is resorted to by the respondents is only a withholding of amounts towards DCRG due to the respondents pending final disposal of the O.P.(KAT). Under the said circumstances, we are not persuaded to view the actions of the respondents as contumacious or breaching the spirit of the interim order passed by this Court for the present. The Contempt of Court Case is therefore closed.

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Sd/DR. A.K.JAYASANKARAN NAMBIAR JUDGE

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Sd/MOHAMMED NIAS C.P. JUDGE

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prp/8/12/23

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CONT. CASE.(C).NO.2434/2023 :: 5 ::

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APPENDIX OF CON.CASE(C).NO.2434/2023

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PETITIONERS ANNEXURES:

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Annexure-I CERTIFIED COPY OF THE ORDER DATED 16-01-2023 IN O.P.(KAT).NO.13/2023 Annexure-II TRUE COPY OF THE COMMUNICATION DATED 8-8-2023 ISSUED BY THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE 2ND RESPONDENT IN FAVOUR OF THE 8TH RESPONDENT IN THE O.P. (KAT)NO.13/2023 Annexure-III TRUE COPY OF THE COMMUNICATION DATED 1-6-2023 ISSUED BY THE SENIOR ACCOUNTS OFFICER, OFFICE OF THE 2ND RESPONDENT TO SRI. P.P. AJAYAKUMAR, 6TH RESPONDENT IN THE O.P.(KAT)NO.13/2023

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RESPONDENTS ANNEXURES: NIL.

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//TRUE COPY//

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P.S. TO JUDGE

Thampi Thomas v. Rabindra Kumar Agarwal IAS

Case brief

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Thampi Thomas v. Rabindra Kumar Agarwal IAS

Case brief

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