S.Premchand v. Dr.J.Prakash
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.04.2025
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA S.Premchand ... Petitioner Vs.
Dr.J.Prakash, The Registrar, Anna University, Guindy, Chennai 600 025.
... Respondent Prayer: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to punish the respondent for willful disobedience of the order passed in W.P.No.25962 of 2021 dated 06.12.2023. For Petitioner : Mr.S.K.Rameshwar For Respondent : Mr.U.Baranidharan
ORDER
This Contempt Petition has been filed to punish the respondent for willful disobedience of the order passed in W.P.No.25962 of 2021 dated 06.12.2023.
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2. On 28.03.2025, the following order has been passed: "The learned counsel for the petitioner submitted that the total due payable to the petitioner as per the CPF scheme and as per the information furnished by the respondent University is Rs.25,00,000/-.
2. Today, by way of filing a compliance report, the learned Standing Counsel for the respondent submitted that the total due payable to the petitioner is only Rs.11,25,728/- and out of which the employees' contribution towards a sum of Rs.5,62,864/- has already been released to the petitioner on 15.07.2024 and the remaining sum of Rs.5,62,864/- which represents the employer's contribution has been released on 04.01.2025 by way of issuing a cheque.
3. However, the compliance report does not make any mention as to the information furnished to the petitioner through RTI, wherein the dues have been stated as Rs.25,13,807.64/- till February, 2024. The above statement would show that the employee's Contribution is Rs.12,56,903.82/- and the employers' contribution is Rs.12,56,903.82/-. It is further learnt that the audit objection mentioned in RTI report has also been dropped subsequently.
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4. The learned counsel for the petitioner submitted that despite the above information has been furnished by the respondent University, now the respondent has sent a communication on 25.01.2022 stating that the above information has not been furnished by them and they do not know the source from which the petitioner had got the information.
5. In view of the above submissions, I feel both the parties shall file an affidavit as to the information got through RTI and the denial submission now made by the learned Standing Counsel for the respondent University.
6. For filing affidavit on the above aspect by both the parties, the matter is ordered to be listed on 17.04.2025."
3. When the matter is taken up today, both the parties filed their affidavits as directed by this Court. From the respondent's affidavit, it is seen that it is true that RTI information has been given to the petitioner as alleged by him. However, it was given without due authorisation. It is further stated that it was only a provisional calculation sheet and it should not have been given without proper authorisation. It is asserted by Page No.3 of 6
the respondent that the amount due to the petitioner has been settled and nothing remains to be settled to the petitioner.
4. The petitioner has filed an affidavit stating that he is entitled to get the amount as per the RTI information furnished to him. Now the respondent has come out with an explanation stating that the information already given by the Information Officer is wrong and appropriate action has been taken against the official responsible for the same. If the petitioner still feels that the calculation already reached his hands is the right calculation and that he is entitled to the amount found therein, it is for him to raise a separate dispute before the appropriate forum in the manner known to law, if he is so advised.
5. As the clarification has been given with regard to the RTI information furnished to the petitioner, nothing remains to be considered further in this Contempt Petition and hence, this Contempt Petition is closed.
Index : Yes /No 17.04.2025 Internet : Yes/No Speaking / Non-speaking gsk Page No.4 of 6
To Dr.J.Prakash, The Registrar, Anna University, Guindy, Chennai 600 025.
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R.N.MANJULA , J.
gsk 17.04.2025 Page No.6 of 6