Petitioner alleged wilful disobedience of a previous court order. Court found petitioner's name was included in promotion panel and he assumed office, accepting compliance. Closed contempt petition allowing challenge to promotion nature.
contempt petition closed with liberty to petitioner to challenge the nature of promotion
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2019 CORAM:
THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM Contempt Petition (MD)No.1665 of 2016 in Writ Petition (MD)No.22865 of 2015
V.Sivakumar Assistant Audit Officer, Audit Party – 4, Audit Branch / TANGEDCO, Trichirappalli Region, Trichirappalli District.
... Petitioner
Vs.
Dr.M.Saikumar, I.A.S., Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai – 600 002. ... Respondent
PRAYER: This Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the contemnor/respondent and punish him for the wilful disobedience of the order of this Court in W.P(MD)No.22865 of 2015 dated 18.12.2015.
For Petitioner :Mr.T.Lajapathy Roy For Respondent :Mr.SMS.Johnny Basha
O R D E R
This contempt petition has been filed alleging wilful disobedience of the order passed in W.P(MD)No.22865 of 2015 dated 18.12.2015.
2.The learned standing counsel for the respondent by referring the counter filed on behalf of the respondent would argue that the order passed in the writ petition has been complied with by virtue of the order issued in Memo No.1220/A3/A32/2016-5 dated 28.03.2016, in which, the petitioner's name was included in the panel and consequential issuance of promotional order dated 07.04.2017 and he is also assumed charge in the post of Internal Audit Officer on 10.04.2017.
3.The learned counsel for the petitioner would state that it https://hcservices.ecourts.gov.in/hcservices/ was only a regular promotion and no promotion was given to the petitioner as per the terms of Memo.(Per)No.20233/A3/A32/2006-24
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dated 03.04.2010.
4.Admittedly, in the instant case, name of the petitioner was included in the panel for promotion by a proceedings dated 28.03.2016 and he assumed office as Internal Audit Officer on 10.04.2017. Therefore, the contempt petition is closed with liberty to the petitioner to challenge the same, if he so advised. No costs.
Sd/-
Assistant Registrar
/True Copy/
Sub Assistant Registrar
To
Dr.M.Saikumar, I.A.S., Chairman cum Managing Director, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai – 600 002.
+1cc to Mr.T.Lajapathy Roy,Advocate, SR.No.54680 +1cc to Mr.SMS.Johnny Basha,Advocate, SR.No.54165
Contempt Petition (MD)No.1665 of 2016 in Writ Petition (MD)No.22865 of 2015 14.03.2019
SP/28.03.2019/ 2P/4C
V. Sivakumar
Dr. M. Saikumar
K. Kalyanasundaram
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
