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Madras High CourtCONT P/106/2017closed

G. Millar v. K. Vivekanandan I.A.S.

2017-09-22Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.09.2017 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBBIAH Contempt Petition No.106 of 2017 in W.P.No.28518 of 2016 Mr.G.Millar ... Petitioner Vs.

Mr.K.Vivekanandha, I.A.S., District Collector, Dharmapuri District, Dharmapuri.

... Respondent Petitions filed under Section 11 of the Contempt of Court Act, to punish the respondent for willful disobedience and violation of the order of this Court passed in W.P.No.28518 of 2016, dated 04.11.2016. For Petitioner : Mr.N.Elumalai For Respondent : Mr.S.T.S.,Moorthy, AAG-V assisted by Mr.T.M.Pappiah, Spl GP

ORDER

This Court, while allowing the writ petition in W.P.No.28518 of 2016, by order dated 04.11.2016, directed the respondent to reinstate the petitioner in any non-sensitive post at a far away place forthwith. 2.The present contempt petition has been filed by the petitioner alleging non-compliance of the order dated 04.11.2016 passed by this Court.

3.Today, when the matter is taken up for consideration, the learned Additional Advocate General submitted that against the order of this dated 04.11.2016, a writ appeal has been filed in W.A.No.807 of 2017, wherein the Division Bench of this Court has passed the following order on 23.08.2017_ "3.Since the chargesheet has already been filed, the State is permitted to prosecute the respondent/writ petitioner and can move the concerned Court for early disposal of the case by framing charges within six months. If the enquiry/criminal proceeding is not concluded during that period, then the respondent/writ petitioner may be reinstated to any non-sensitive post, pending disposal of the criminal case. However, if it is held otherwise, the order of the criminal court would take its course of action. With this observation, the writ appeal stands disposed of. Consequently, C.M.P.No.11304 of 2017 is closed. No costs." 4.In view of the above order passed by the Division Bench, there is not need to keep this contempt petition pending. Hence, the Contempt Petition is closed.

22.09.2017 Index : Yes / No Internet : yes / No ssv

R.SUBBIAH, J., ssv Cont.P.No.106 of 2017 in W.P.No.28518 of 2016 22.09.2017