Madras High CourtCONT P/1865/2018closed

K.S. Saravanan v. Tmt. Mageswari

2019-07-09Honourable Mr Justice R. Subramanian4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.07.2019

CORAM

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN Contempt Petition No. 1865 of 2018 and Sub Application No.273 of 2019 K.S. Saravanan ... Petitioner in Cont. Petition/ 1st Respondent in Sub Application

Versus

Tmt. Mageswari Chief Educational Officer, Krishnagiri District, Krishnagiri.

... Respondent in Cont. Petition 2nd Respondent in Sub Application Thiru Pradeep Yadav I.A.S., Secretary Education Science and Technology (H.S.II) Department, St. George Fort, Chennai 600 009.

... Petitioner/ Proposed Respondent in Sub Application Sub Application No.273 of 2019:

To dispense with the personal appearance of the petitioner herein before this Hon'ble Court on 08.07.2019 as directed by this Hon'ble Court in Cont.P.No.1865 of 2018. Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for committing Contempt of Court by their willful deliberate disobedience

of the order passed by this Court dated 18.05.2017 in W.P.No.22810 of 2015.

For Petitioner : Mr.M.Saravanakumar For Respondent : Mr. C.Munusamy Special Government Pleader

O R D E R

This Contempt Petition has been filed seeking to punish the respondent for having willfully disobeyed the orders of this Court dated 18.05.2017 made in WP No.22810 of 2015.

2. Since the orders of this Court were not complied with, despite repeated assurances given by the learned Government Advocate, I had directed appearance of the Education Secretary as well as the Contemnor on 08.07.2019. Yesterday when the matter was listed, the contemnor was present in person and the learned Government Advocate had produced the proceedings of the Contemnor bearing RC.No.3396/B2/2017 dated 01.07.2019, in and by which, the petitioner had been permitted to undergo short term training course at DIET. However, the proceedings did not state as to the dates on which the training is to be undertaken by the petitioner. Hence, I posted the matter today, requiring the contemnor to file an affidavit setting

out the period during which the petitioner will be sent for training.

3. Accordingly, the contemnor has filed an affidavit stating that the petitioner will be sent for three months short term training course, from 08.07.2019 to 22.11.2019, in para 7 of the said affidavit, it is stated as follows: "7. It is further submitted that the petitioner has also joined in the 3months short term course training on 08.07.2019, the Principal District Institute of Education and Training, Krishnagiri vide his letter in Na.Ka.No.297/A1/209, dated 08.07.2019 has also stated that the petitioner has reported for training for 90 days. He will be on training for 3 months from 08.07.2019 to 22.11.2019.

Hence, it is further submitted that the orders of the Hon'ble Court has been duly complied with."

4. The proceedings of the Principal of DIET, Krishnagiri, has also been produced to show that the petitioner has in fact joined training yesterday. Recording

the same, the Contempt Petition is closed. The presence of the Contemnor is dispensed with. In view of the order passed in the Contempt Petition, the connected Sub Application is also closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) jv //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Mv/01/08/2019