S.Vijayasekar, v. Thiru. Dheeraj Kumar, I.A.S., And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.840 of 2025 S. Vijayasekar ... Petitioner Vs.

1. Mr. Dheeraj Kumar, I.A.S., Principal Secretary to Government, Home (Police - XVII) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. Mr. Abhash Kumar, I.P.S., The Director General of Police / Director, Fire and Rescue Services, Egmore, Chennai - 600 008.

... Respondents Prayer: The Contempt Petition filed under section 11 of Contempt of Court Act, 1971 praying to punish the respondents for wilfully disobeying the order of this Court dated 24.09.2024 passed in W.P.No.24170 of 2024. For Petitioner : Mr.G. Sankaran, Senior Counsel for M/s.S.Nedunchezhiyan For Respondents : Mr.P. Sathish Additional Government Pleader - - - - -

ORDER

When the matter was taken up for hearing today, the learned Additional Government Pleader appearing on behalf of the respondents produced the Government Order passed in G.O.(2D) No.105, dated 12.04.2025 and the relevant portion is extracted hereunder:- "15. The Government have carefully examined the case of Thiru.S. Vijayasekar, then Additional Director (under suspension and not allowed to retire from service) in the light of the orders of the Hon'ble High Court of Madras fifteenth read above and also relevant records. Accordingly, the Government in exercise of the powers conferred by sub rule (e) (6) of rule 17 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, hereby, revoke the order of suspension issued in Government Order third read above with immediate effect and also permit Thiru. S.

Vijayasekar, the then Additional Director, Fire and Rescue Services, to retire from service with effect from 31.07.2024 A.N. (i.e.) the date on which he attained the age of superannuation, subject to the outcome of W.A.No.915/2025 and C.M.P.No.4987/2025 filed by the Government pending before the Hon'ble High Court of Madras."

2. In the light of the above development, there shall be a direction to the respondents to settle all the monetary benefits to the petitioner within a period of six (6) weeks from the date of receipt of a copy of this order, in the absence of any restraint order passed by the Division Bench of this Court in the pending Writ Appeal.

This Contempt Petition is disposed of accordingly. 15.04.2025 ASI To

1. Mr. Dheeraj Kumar, I.A.S., Principal Secretary to Government, Home (Police - XVII) Department, Secretariat, Fort St. George, Chennai - 600 009.

2. Mr. Abhash Kumar, I.P.S., The Director General of Police / Director, Fire and Rescue Services, Egmore, Chennai - 600 008.

N. ANAND VENKATESH, J.

ASI Contempt Petition No.840 of 2025 15.04.2025