M.Kuppusamy v. Thiru.R.Thangavelu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2017

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN Cont.P.No.2160 of 2016 M.Kuppusamy ..

Petitioner vs.

Thiru.R.Thangavelu, Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-641 043.

..

Respondent Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for deliberately and willfully disobeying the orders of this Court dated 21.04.2015 made in W.P.No.11505 of 2015. For Petitioner :

Mr.R.Krishnaswamy For Respondent :

Mr.S.Sairaman

O R D E R

Heard the submissions of the learned counsel appearing for the petitioner, who would submit that though the petitioner has been given alternative employment, other consequential service and financial benefits have not been accorded and the order which is the subject matter of this contempt petition has not been fully complied and therefore, prays for appropriate orders.

2. Mr.S.Sairaman, learned counsel appearing for the respondent has drawn the attention of this Court to the

proceedings of the General Manager 23.09.2016 and 09.02.2017 and would submit that the petitioner has been appointed as Watchman in the same scale of pay and he has also joined duty.

3. The learned counsel appearing for the petitioner, in response to the said submission, would submit that though disciplinary proceedings are pending against him, in the light of statutory provisions, he is entitled to alternative employment with all other consequential benefits and therefore, the above said proceedings are not in order.

4. This Court has considered the rival submissions and also perused the entire materials placed before it.

5. The fact remains that disciplinary proceedings are pending against the petitioner in respect of alleged unauthorized absence and depends upon the same, it is always open to the petitioner to work out his further remedy by approaching the competent civil forum.

6. This Contempt Petition is closed with the above observations.

SD/- JOINT REGISTRAR(OS)(i/c) jvm //Certified to be true copy// Dated at Madras 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/18/07/2017 To The Managing Director, Tamil Nadu State Transport Corporation (Coimbatore) Ltd., 37, Mettupalayam Road, Coimbatore-641 043.

one cc to Mr.S.Sairaman, Advocate, SR.No.6638/17