Prabakaran v. Govindarajan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
TUESDAY, THE 21ST DAY OF JUNE, 2022 THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA CONTEMPT PETITION NO.1418 OF 2015 IN MP.NO.1 OF 2015 IN W.P.NO.6651 OF 2015 ************ D.PRABAKARAN, 16/17, ILLACHIPALAYAM, KARUMATHAMPATTI, COIMBATORE DISTRICT .. PETITIONER/ PETITIONER/PETITIONER Vs 1 GOVINDARAJAN DISTRICT COLLECTOR, TIRUPPUR DISTRICT.
2 NATARAJAN EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WATER RESOURCES) BHAVANISAGAR BASIN, BHAVANISAGAR, ERODE DISTRICT.
3 RAMESH THASILDAR, AVINASHI TALUK, TIRUPPUR DISTRICT.
4. THE PRINCIPAL SECRETARY-CUMSECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, CHENNAI 9 (*)4th RESPONDENT IMPLEADED PURSUANT TO THE ORDER OF THIS HO'BLE COURT ORDER DT.11.04.2019 MADE IN CONT P.NO.1418/2015 .... RESPONDENTS
Contempt Petition filed U/s 11 of the Contempt Courts Act, 1971, praying that this Court be pleased to punish the respondents 1 to 3 for their willful disobedience of the order dated 23.04.2015 made in M.P.No.1 of 2015 in W.P.No.6651 of 2015.
The above Contempt Petition coming on this day before this Court for hearing in the presence of Mr.R.Prabakar, Learned Counsel appearing for the petitioner herein; and of Dr.Thiagarajan, Learned Senior Counsel for R1 to R3 and Mr.P.Muthukumar, Learned State Govt. Pleader appearing for R4 herein; and upon reading the petition and affidavit of Mr.D.Prabakaran, filed herein; the Court made the following order:
"This contempt petition was filed initially alleging noncompliance of the interim order passed by this court. The contempt petition was listed and a detailed order was passed on 27.6.2016 directing the respondents to make compliance of the following:
"i. The completion of the road repair work.
ii. The status of the departmental proceedings. iii. The further progress report of the CBCID regarding investigation.
iv. If three is complete, whether permission has been granted by the State for proceeding against the relevant Government officials in terms of para 2 of our direction dated 22.03.2016."
2. Pursuant to the direction aforesaid, the scope of the contempt petition was enlarged. The respondents were directed to submit a compliance report on the four issues framed by the court.
3. It is submitted on behalf of the respondent contemnors that the road repair work has been completed. Thus, the first direction given in the order dated 27.6.2016 has been complied.
4. So far as the status of the departmental proceedings is concerned, till the last date of hearing, it was not concluded. It is now stated that departmental proceedings were initiated against six officers. Out of them, two officers were punished after detailed enquiry, while against two others the enquiry has been completed, but due to their retirement, the matter is pending for passing an order of punishment by complying the provisions of law. It is further stated that two other officers were exonerated. Therefore, the second part of the direction given vide order dated 27.6.2016 has also been complied.
5. Insofar as the progress report of the case investigated by the CBCID is concerned, it is submitted that after completion of the investigation, charge-sheet has already been
filed. The third direction given vide order dated 27.6.2016 has also been complied.
6. The fourth direction in the order dated 27.6.2016 is dependent on the three directions. It is informed that the State Government has already given permission to proceed against the officials involved in the matter.
7. Thus, all the directions contained in the order dated 27.6.2016 have been complied and to that effect satisfaction has been shown by learned counsel appearing for the petitioner.
8. In view of the above, no further orders are required to be passed in this contempt petition. The notice of contempt is discharged."
WITNESS THE HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI, THE CHIEF JUSTICE OF HIGH COURT AT MADRAS, AS AFORESAID, THIS THE 21st DAY OF JUNE 2022.
SD/- ASSISTANT REGISTRAR(COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
MK/24/06/2022 CONTEMPT PETITION No.1418/2015 THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA
ORDER
DATED : 21/06/2022 FOR APPROVAL : 27/06/2022 APPROVED ON : 08/07/2022 To:
1 GOVINDARAJAN DISTRICT COLLECTOR, TIRUPPUR DISTRICT.
2 NATARAJAN EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT (WATER RESOURCES) BHAVANISAGAR BASIN, BHAVANISAGAR, ERODE DISTRICT.
3 RAMESH THASILDAR, AVINASHI TALUK, TIRUPPUR DISTRICT.
4 THE PRINCIPAL SECRETARY-CUMSECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, CHENNAI 9