a contempt petition was dismissed as the existence of a dispute regarding the payment of leave salary rendered the matter unsuitable for immediate consideration in contempt proceedings. The case was left for appropriate forum.
petitioner left to approach appropriate forum; no costs awarded to respondent.
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.
Cont.P.(MD)No.2046 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.12.2023
CORAM
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
Cont.P.(MD)No.2046 of 2023
S.Sivaprakasam ...Petitioner
Vs. Sakthivel, General Manager, Tamil Nadu State Transport Corporation (Kumbakonam) Ltd., Trichy Region, Trichy. ... Respondent
Prayer: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971 to punish the contemnor / respondent for willfully disobeying and not complying with the order of this Court dated 05.11.2019 in W.P.(MD)No.23171 of 2019.
For Petitioner : Mr.S.Arunachalam For Respondent : Mr.K.Ramaiah, Standing Counsel
O R D E R
The petitioner has moved for a contempt on the ground that the
eligible leave vacancy has not been paid by the respondent.
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Cont.P.(MD)No.2046 of 2023
respondent has produced a letter dated 21.11.2023 to the effect that the
amount of leave salary was settled and on conclusion, it is found that excess payment of Rs.52,836/- has been made, which has been adjusted towards interest.
petitioner disputes the same.
present. Leaving it open to the parties to agitate the matter before the appropriate forum, this contempt petition is dismissed. No costs.
04.12.2023
NCC : Yes/No Index : Yes/No Speaking/Non-speaking Order
mbi
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Cont.P.(MD)No.2046 of 2023
V.LAKSHMINARAYANAN, J.
mbi
Cont.P.(MD)No.2046 of 2023
04.12.2023
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2 issues framed by the court
Whether the petitioner is entitled to punishment in a contempt petition filed for non-payment of leave vacancy salary.
Whether the court can adjudicate a disputed fact regarding excess payment of leave salary in a contempt proceeding.
S. Sivaprakasam
Sakthivel
V. LAKSHMINARAYANAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
