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Madras High CourtCONT P/1534/2016closed

T.Balakrishnan v. Hans Raj Verma, Ias

2016-08-17Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2016

CORAM

THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN Cont.P.No.1534 of 2016 T.Balakrishnan ... petitioner

Versus

1.Mr.Hans Raj Verma, IAS.

The Principal Secretary to Government, Environment and Forest Department, Secretariat, Fort St. George, Chennai - 9.

2.Mr.Dr.Rajivu K.Sreevasthava (In-charge) The Managing Director, Tamil Nadu Tea Plantation Corporation, Coonoor, Niligiri District.

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for their willful and intentional disobedience to the order of this Court in W.P.no.28632 of 2015 dated 11.09.2015. For petitioner : Mr.R.Dhinesh Kumar For Respondents : Mr.N.Inbanathan, Government Advocate (Forest) *****

O R D E R

The present Contempt Petition is taken up alleging the non compliance of the order dated 11.09.2015 in W.P.28632 of 2015.

2. Heard the submissions of Mr.R.Dhineshkumar, learned counsel appearing for the petitioner and Mr.N.Inbanathan,

learned Government Advocate (Forest) would submit that the first respondent, vide letter No.8433/FR.8/2011-14, dated 09.10.2015 has expressed the view that the manpower available in Tamil Nadu Tea Plantation Corporation Limited is very high as against the Industry standards and therefore, the request made by the Managing Director of Tamil Nadu Tea Plantation Corporation Limited, Coonoor dated 16.04.2011 is not feasible of compliance and further requested the said official to explore the possibility of conducting a comprehensive manpower study in Tamil Nadu Tea Plantation Corporation Limited expeditiously so as to identify the surplus posts and also to ensure that the manpower cost is trimmed down wherever possible and also to reduce its establishment cost to the maximum level by cutting down the cost towards travel expenditure, electricity consumption, fuel expenditure etc., at least by 10%. The second respondent, in terms of the communication, sent a letter dated 02.11.2015 by rejecting the request made by the petitioner.

3. The learned counsel appearing for the petitioner prays for copy of the communication of the first respondent dated 09.10.2015. The learned Government Advocate (Forest) under takes to furnish a copy of the same to the learned counsel appearing for the petitioner.

4. In the light of the stand taken by the first respondent, the second respondent is directed to carry out the exercise of conducting a comprehensive manpower study,

as expeditiously as possible and communicate the decision taken, to the first respondent.

5. In the light of the facts and circumstances, this Contempt Petition is closed. However, the petitioner is at liberty to challenge the letter of the first respondent dated 09.10.2015 addressed to the second respondent as well as the communication sent by the second respondent dated 02.11.2015 in accordance with law before the competent forum.

vsm SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/02/09/2016 One CC to Spl. Government Pleader, SR.10284/2016 One CC to R.Dhinesh Kumar, SR.10296/2016 To

1. The Principal Secretary, Government of Tamil Nadu, Environment and Forest Department, Secretariat, Fort St. George, Chennai - 9.

2. The Managing Director, Tamil Nadu Tea Plantation Corporation, Coonoor, Niligiri District.