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S.Ganeshkumar v. Merlin Jeyathi

Madras HC16 May 2025CONT P(MD)/1822/2024

Case brief

AI extract

What is this about?

CONT.P.(MD)No.1822 of 2024 in WP(MD) No.6537 of 2021; contempt of court; wilful disobedience; Section 11 Contempt of Courts Act; colour blindness; Driver; alternative employment; Tamil Nadu State Transport Corporation (Tirunelveli) Limited; Medical Board referral; unfit for driving; certificate dated 28.11.2024; transfer Kannyakumari Branch to Tiruvattaru Branch; charge memo 30.10.2020; WP(MD) No.13515 of 2020; WP(MD) No.2681 of 2021; Madurai Bench of Madras High Court; B.Pugalendhi J.; contempt petition closed; no punitive action against contemnors.

What did the court decide?

Contempt petition closed without punishing the contemnors; respondent Corporation directed to provide the petitioner alternative employment based on the medical report dated 28.11.2024 certifying him unfit for driving. ¶35

S.Ganeshkumar Vs Merlin Jeyathi — Contempt of Court | Madras HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the contemnors/respondents wilfully disobeyed the order dated 12.01.2023 in WP(MD) No.6537 of 2021 (referral of the petitioner-Driver to the Medical Board for ascertainment of colour blindness), warranting initiation of contempt proceedings and punishment under the Contempt of Courts Act.

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Court's answer

Compliance with the order dated 12.01.2023 was found to have been effected: the respondent Corporation had referred the petitioner to the Medical Board, and the Special Medical Board Examination at the Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Chennai issued a Certificate dated 28.11.2024 that the petitioner is unfit for driving.

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Ratio / Principle

Since the referral to the Medical Board and the certification of unfitness for driving were complete, the contempt petition was closed, with a direction to the respondent Corporation to provide the petitioner alternative employment based on the medical report; no punitive action was taken against the contemnors.

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Detailed headnote1 paragraphs

Contempt petition – alleged non-compliance with order in WP(MD) No.6537 of 2021 (12.01.2023) directing referral of a Driver, who claimed colour blindness, to the Medical Board – Court found the Corporation had referred the petitioner to the Medical Board and the Special Medical Board Examination, Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Chennai, certified on 28.11.2024 that he is unfit for driving – compliance held complete – contempt petition closed with a direction to the respondent Corporation to provide alternative employment based on the medical report; no punishment imposed on contemnors. (Madras High Court, Madurai Bench, B.Pugalendhi J., pronounced 16.05.2025)

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CONT.P.(MD)No.1822 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Reserved on : 30.01.2025 Pronounced on : 16.05.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE B.PUGALENDHI

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CONT.P.(MD)No.1822 of 2024 in WP(MD) No.6537 of 2021

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S.Ganesh Kumar ... Petitioner

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1.Merlin Jeyathi, The General Manager, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Nagarkovil Region, Nagarkovil, Kanyakumari District – 629 702.

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2.Kannan, The Branch Manager, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Kanyakumari Branch, Kanyakumari District 629177. ...Contemnors/Respondents

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PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court, to initiate contempt proceedings against the punish the Contemnors/ Respondents and

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

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CONT.P.(MD)No.1822 of 2024

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punish them for their wilful disobedience of the order of this Court in WP(MD) No.6537 of 2021, dated 12.01.2023, under the contempt of Courts Act.

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For Petitioner : Mrs.Pamelin For Respondent : Mr.D.Jebaraj Standing Counsel

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O R D E R

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This contempt petition is filed that the order of this Court in WP(MD) No.6537 of 2021, dated 12.01.2023, has not been complied with.

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2.The petitioner, who was working as a Driver in the

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respondent Corporation has requested for an alternative employment that he has suffered with colour blindness. However, the respondent Corporation, without considering the same has transferred the petitioner from Kannyakumari Branch to Tiruvattaru Branch, by its order dated 14.09.2020. Challenging the same, the petitioner has filed a writ petition in WP(MD) No.13515 of 2020. Pending that writ petition, his representation for alternative employment was rejected by order, dated 30.10.2020 and he was also issued with a

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

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CONT.P.(MD)No.1822 of 2024

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charge memo on 30.10.2020, as he has not joined the duty in the transferred place. The petitioner has filed two writ petitions in WP(MD) No.2681 of 2021 and WP(MD) No.6537 of 2021, challenging the charge memo, dated 30.10.2020 and the order of rejection for alternative employment. This Court has dismissed the writ petition in WP(MD) No.2681 of 2021, by its order dated 12.02.2021, with liberty to the petitioner to work out his remedy in

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the other writ petition in WP(MD) No.6537 of 2021, filed for alternative employment and the same was also disposed of by this Court, by order, dated 12.01.2023, directing the respondent Corporation to refer the petitioner to Medical Board to ascertain as to whether this petitioner has suffered with colour blindness and to take a decision, based on the medical report.

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3.This contempt petition is filed that the above order of this Court has not been complied with by the respondent Corporation.

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

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CONT.P.(MD)No.1822 of 2024

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4.The learned counsel for the respondent Corporation submits that this petitioner was referred to the Medical Board, Kanyakumari Medical College Hospital and the Kanyakumari Medical College Hospital has referred this petitioner to the Rajiv Gandhi Medical College Hospital at Chennai. The Rajiv Gandhi Medical College Hospital has given a report, dated 28.11.2024 that this petitioner is having colour blindness in both his eyes and also given remarks as ''unfit for driving''. The Kanyakumari Medical College Hospital has stated that this petitioner has suffered with colour blindness even during his appointment. However, he was appointed as a Driver in the Transport Corporation, based on a Fitness Certificate, issued by a Medical Officer on 29.11.2012.

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5.Since the respondent Transport Corporation has already referred this petitioner to the Medical Board and the Special Medical Board Examination on Regional Institute of Ophthalmology and Government Ophthalmic Hospital, Chennai has also issued a Certificate on 28.11.2024 that this petitioner is unfit for driving, this contempt petition is closed, with a direction to the respondent

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

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CONT.P.(MD)No.1822 of 2024

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Corporation to provide him an alternative employment, based on the above medical report.

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16.05.2025

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Index:Yes/No Internet:Yes/No vrn To

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1.Merlin Jeyathi, The General Manager, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Nagarkovil Region, Nagarkovil, Kanyakumari District – 629 702.

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2.Kannan, The Branch Manager, Tamil Nadu State Transport Corporation, (Tirunelveli) Limited, Kanyakumari Branch, Kanyakumari District 629177.

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

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CONT.P.(MD)No.1822 of 2024

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B.PUGALENDHI, J.

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vrn