S.Revathi v. Dr.J.Manjula

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.02.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA Contempt Petition No.172 of 2017 S.Revathi ..

Petitioner -vs1. Dr.J.Manjula The Director of Collegiate Education (F.A.C.) College Road, DPI, Chennai

2. Dr.A.Subbaiah Pandy The Regional Joint Director of Collegiate Education Dharmapuri Region, Dharmapuri

3. Dr.D.Prida Ganarani The Principal Government Arts College Dharmapuri ..

Respondents Petition under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for disobedience of the order of this Court dated 1.4.2016 made in W.P.No.12192 of 2016 and W.M.P.No.10545 of 2016. For Petitioner ::

Mr.J.Vepparasu For Respondents::

Mr.A.N.Thambidurai Special Government Pleader

ORDER

This contempt petition has been taken out against the respondents, on the ground that the interim order of this Court dated 1.4.2016 directing the respondents to maintain status quo has been violated. Adding further, the learned

counsel for the petitioner submitted that when the order dated 26.2.2016 proposing to conduct a departmental enquiry against the petitioner, who has been working as Assistant Professor in Economics, Government Arts College, Dharmapuri, with reference to the charges framed therein became the subject matter of challenge in the writ petition, this Court has already directed the respondents to maintain status quo. But the Joint Director of Collegiate Education, Dharmapuri has wrongly issued the communication dated 18.11.2016 through the Principal, Government Arts College, Dharmapuri calling the petitioner to appear for the enquiry. On receipt of the same, the petitioner has also given her reply dated 23.11.2016 about the grant of interim order of status quo by this Court with regard to the enquiry. In spite of the reply dated 23.11.2016, the respondents have proceeded further, as a result the petitioner has been put to grave mental cruelty. Therefore action should be taken.

2. In reply, the learned Special Government Pleader for the respondents has placed on record the proceedings dated 5.1.2017 issued by the Director of Collegiate Education, Chennai to the Joint Director of Collegiate Education, Dharmapuri Region not to proceed with the enquiry under Rule 17(b) against the petitioner till the result of the writ petition is made known.

3. A perusal of the proceedings dated 5.1.2017 issued by the Director of Collegiate Education, Chennai shows that the respondents have not proceeded with the enquiry, although initiated against the petitioner, may be, without knowing the correct status of the matter. Therefore this Court is not able to find any elements of contempt. Accordingly, placing on record the proceedings dated 5.1.2017, this contempt petition stands closed. ss SD/- JOINT REGISTRAR(O.S.) //CERTIFIED TO BE TRUE COPY// DATED THIS THE DAY OF 2017 COURT OFFICER (O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/21/02/2017 One CC to Government Advocate, SR.2319 One CC to M/s.T.Vepparasu, Advocate, SR.2121