In a contempt petition for alleged violation of an interim stay on salary stoppage, the Court held that since the respondent had set aside the underlying punishment without prejudice, no issue for contempt survived, and the petition was closed.
The contempt petition was ordered to be closed as the underlying punishment was set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.09.2016
CORAM :
THE HONOURABLE Mr.JUSTICE R.SUBBIAH
Contempt Petition No.1796 of 2015
P.Pushpa Rani ... Petitioner Vs. Dr.R.Meera, Deputy Director of Health Services, Villupuram. ... Respondent Petition filed under Section 11 of the Contempt of Court Act, 70/71 to punish the respondent for having committed willful contempt and gross disobedience of the order passed by this Court in M.P.No.2 of 2013 in W.P.No.33653/2013, dated 12.12.2013. For Petitioner : Mr.S.Selvathirumurgan For Respondent : Mr.R.Rajeswaran, Spl GP. * * * * *
ORDER The petitioner has filed the writ petition in W.P.No.33653 of 2013, challenging the order dated 30.07.2013 passed by the 2nd respondent vide his proceedings in Na.Ka.No.8858/A-1/DP/2012, imposing the punishment of stoppage of increment for a period of two
years with cumulative effect, on the petitioner. While the said writ petition came up for admission, on 12.12.2013, this Court while admitting the writ petition, has granted interim stay of the impugned order.
2.Now, the petitioner has filed the present contempt petition stating that since the punishment of stoppage of increment was stayed, the petitioner is entitled for her annual increment as and when it became due to her, but the respondent has not granted her periodical increment, which fell due on 01.04.2014. Thus, the respondent has willfully violated the order of this Court.
3.Today, when the matter is taken up for consideration, the learned Special Government Pleader submitted that the punishment of stoppage of increment for two years with cumulative effect imposed on the petitioner itself was set aside by the respondent, without prejudice to the outcome of the writ petition filed by the petitioner. In this regard, the learned Special Government Pleader has also produced a copy of the order dated 15.03.2016 passed by the respondent.
two years with cumulative effect imposed on the petitioner
itself was set aside by the respondent, now nothing survives in the present contempt petition. Hence, the contempt petition is ordered to be closed.
SD/
JOINT REGISTRAR(OS)
//Certified to be true copy//
Dated at Madras this the day of 2016.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing
certified copies of the Orders/Judgments/Decrees in this
format.
SS/CO/08/03/2016
To
Dr.R.Meera,
Deputy Director of Health Services,
Villupuram.
One CC to Mr.S.Selva Thirumurugan, Advocate, SR.11549/16
3 issues framed by the court
Whether the present contempt petition for disobeying an interim stay order survives after the respondent set aside the underlying punishment.
Whether the petitioner is entitled to damages for the respondent's alleged willful violation of the stay order on increment.
Whether the contempt petition should be closed given that the original impugned order has been set aside by the respondent.
1 provisions across 1 enactments
P.Pushpa Rani
Dr.R.Meera
R.Subbiah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
