V.Murugan Vs R.Swaminathan and Another

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondents for non-compliance of the order passed in WMP.No.13432 of 2025 dated 02.04.2025 in W.P.No.11869 of 2025.

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For Petitioner : Mr.S.N.Ravichandran

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For Respondents : Mrs.S.Mythreye Chandru, Spl.GP

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Page No.1 of 5

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.3008 of 2025

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O R D E R

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This Contempt Petition has been filed seeking to punish the respondents for the wilful disobedience of the order of this Court dated 02.04.2025 made in WMP.No.13432 of 2025 in W.P.No.11869 of 2025.

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Learned counsel for the petitioner submitted that, the petitioner was dismissed from service, by proceedings of the 2^nd respondent dated 20.08.2024 in Na.Ka.No.1624/B3/2024. Challenging the same, the petitioner filed a Writ petition before this Court in W.P.No.11869 of 2025 and this Court, vide order dated 02.04.2025 made in WMP.No.13432 of 2025 in W.P.No.11869 of 2025 granted interim stay of further proceedings of the impugned dismissal order dated 20.08.2024. When the impugned order had been stayed by this Court, the 1^st respondent, vide order dated 20.05.2025 rejected the petitioner's appeal and confirmed the order of dismissal passed against the petitioner. Contending that, by doing so, the 1^st respondent has violated the interim order of this Court, the petitioner has come up with this contempt petition.

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Page No.2 of 5

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.3008 of 2025

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Per contra, the learned Special Government Pleader appearing on behalf of the respondents/contemnors submits that the impugned order was passed on 20.08.2024 and challenging the same, the petitioner filed W.P.No.11869 of 2025 before this Court. In the meantime, the petitioner had also preferred an appeal against the said order of dismissal before the 1^st respondent on 05.11.2024 and the same was pending. Since, there was no stay granted by this Court for proceeding with the appeal, the appeal was concluded and a rejection order came to be passed by the 1^st respondent on 20.05.2025, confirming the order of dismissal dated 20.08.2024. He would plead that, the respondents have not committed any act of contempt, since the appeal is an independent proceedings.

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I have carefully considered the arguments advanced by the learned counsels on either side and also gone through the materials placed on record.

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On a perusal of the materials available on record, it is seen that challenging the order of dismissal dated 20.08.2024, the petitioner filed W.P.No.11869 of 2025 and this Court had granted an order of interim stay of the impugned dismissal order on 02.04.2025.

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Page No.3 of 5

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.3008 of 2025

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Apart from filing the above writ petition, the petitioner had

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independently filed an appeal before the 1^st respondent on 05.11.2024, challenging the very same order of dismissal dated 20.08.2024 and it is evident that, this Court had not granted any stay of further proceedings of the said appeal and thereby, the 1^st respondent had rightly proceeded with the appeal and disposed of the same, vide order dated 20.05.2025, in which, this Court does not find any fault with, as there is no wilful disobedience of the order of this Court committed on the part of the respondents.

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In view of the above, this Contempt Petition stands closed.

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However, the petitioner is at liberty to challenge the rejection order of the 1^st respondent dated 20.05.2025 in the manner known to law, if he is so aggrieved.

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19.09.2025

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skt NCC : Yes/No Index : Yes/No Speaking Order : Yes/No

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Page No.4 of 5

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https://www.mhc.tn.gov.in/judis

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Cont.P.No.3008 of 2025

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A.D.JAGADISH CHANDIRA, J.