Madras High CourtCONT P/379/2020closed

R.Rajapandian v. Karan Sinha

2020-11-06Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Contempt Petition No.379 of 2020 in W.P.No.32556 of 2019 R.Rajapandian, S/o.Ramaiah.

...Petitioner

Vs.

Mr.Karan Sinha, Director General of Police/Chairman (i/c), Tamil Nadu Uniformed Services Recruitment Board, Old C.O.P.Office Campus, Pantheon Road, Egmore, Chennai-8.

...Respondent

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for his deliberate and wilful disobeying the order of this Hon'ble High Court made in W.P.No.32556 of 2019 dated 10.12.2019.

For Petitioner : Mr.N.Murugesan For Respondent : Mr.M.Elumalai, Additional Government Pleader.

O R D E R

When the matter came for hearing on 20.03.2020, this Court directed the learned Additional Government Pleader, to take instructions as to why the instrumental order dated 18.03.2020 was passed by the Superintendent of

Police instead of the Director General of Police, who was actually directed by this Court to pass orders.

2.The learned Additional Government Pleader on instructions, submitted that it is only the Superintendent of Police, who is vested with the power and jurisdiction to pass orders and the Superintendent of Police had considered the entire facts of the case in line with Rule 13 of the Special Rules and also had taken into consideration the judgment of the Hon'ble Supreme Court in the case of Avatar Singh Vs. Union of India reported in 2016 (8) SCC 471. 3.In view of the above, no further orders can be passed in the Contempt Petition. Accordingly, the same is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rm //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/06/01/2021 To The Director General of Police/Chairman (i/c), Tamil Nadu Uniformed Services Recruitment Board, Old C.O.P.Office Campus, Pantheon Road, Egmore, Chennai-8.