Contempt petition alleging delay in implementing a 2017 writ order on promotion. Compliance was eventually effected via G.O.(Ms)No.180 dated 20.03.2024 granting promotion and retirement benefits. The court found contempt but, accepting unconditional apology tendered by respondents, took a lenient view and closed the petition.
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.No.2361 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 21.03.2024
Coram:
THE HONOURABLE MR.JUSTICE BATTU DEVANAND
Contempt Petition No.2361 of 2023 & Sub Applications(OS)Nos.211 and 212 of 2024
R.Gnanasekar Retired Joint Commissioner HR & CE Department, Residing at No.B88, Periyar Nagar, Chennai 600 082.
.. Petitioner
/versus/
1.Thiru.K.Manivasan, I.A.S., The Secretary to Government, Tourism, Culture and Religious Endowment Department, Fort St. George, Chennai-9.
2.Thiru.K.V.Muralidharan, I.A.S., The Commissioner Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai-34. .. Respondents
Prayer: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents herein for the wilful disobedience of the orders of the Hon'ble High Court made in W.P.No.340 of 2017 dated 19.06.2017.
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| For Petitioner | :Mr.R.Singaravelan, Sr.Counsel for Mr.V.Ravikumar |
|---|---|
| For Respondents | :Mr.J.Ravidran, Senior Counsel Asst.by |
| Mr.A.V.R.Arun Natarajan, Spl.Govt.Pleader ------ |
ORDER
This Contempt Petition has been filed to punish the respondents for their wilful default disobedience in implementing the order dated 19.06.2017 in W.P.No.340 of 2017 passed by this Court in true letter and spirit.
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Hon'ble Apex Court and the same was also dismissed on 14.10.2022. Thereafter also the order dated 19.06.2017 passed by this Court in W.P.No.340 of 2017 was not implemented by the respondents. Meanwhile, the petitioner retired on 31st March 2023. Against the wilful disobedience of the respondents in implementing the order of this Court, the petitioner has constrained to file the present contempt petition on 06.09.2023.
Cont.P.No.2361 of 2023
satisfied that the respondents have committed contempt of the order of the Court and directed the Registry to issue Statutory Notice to the respondents, by an order dated 15.02.2024. Accordingly, on 15.03.2024, the respondents present before this Court.
has placed a copy of G.O.(Ms).No.177, Tourism, Culture and Religious Endowments (RE 2-2) Department, dated 16.03.2024 before this Court stating that the order of the Court is complied with. But, on noticing the reasons stated in the said G.O., this Court expressed its displeasure towards the contents of the Government Order and accordingly, the learned counsel sought further time and accordingly, it was adjourned today.
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order of this Court is complied with in true letter and spirit and sought to close the contempt case.
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time of eight weeks in the writ order. So, the respondents ought to have complied with the order within eight weeks from the date of a receipt of a copy in the order of SLP.
the respondents have tendered unconditional apology. But, on perusal of the entire averments made in the paragraph No.24, this Court is of the opinion that the apology tendered by the respondents is not bona fide. Accordingly, it is rejected.
to take a lenient view against them, instead of punishing them.
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21.03.2024
Index:yes/no Internet:yes/no Speaking order/non speaking order Neutral Citation:yes/no ari
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BATTU DEVANAND,J.
ari
Cont.P.No.2361 of 2023 & Sub Appln.(OS)Nos.211 and 212 of 2024
21.03.2024
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1 issue framed by the court
Whether the respondents wilfully disobeyed the Court's order dated 19.06.2017 in W.P.No.340 of 2017 directing consideration of the petitioner's promotion, and what action should follow.
1 provisions across 1 enactments
R.Gnanasekar
Thiru.K.Manivasan
Thiru.K.V.Muralidharan
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
