Christopher Amal v. B. Vasanthakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.01.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA L.P.A. No.1 of 2016 Christopher Amal .. Appellant -vs1.B.Vasanthakumar Managing Director, Co-operative Urban Bank Limited, Pondicherry.

2.Jokey Angu Secretary to the Govt. of Pondicherry, Co-operative Department, Pondicherry.

.. Respondents Appeal filed under Clause 15 of the Letters Patent of 1865 against the order dated 16.10.2015 passed in Contempt Petition No.1133 of 2015 in WP.No.2982/11.

Contempt Petition No.1133/15: Contempt Petition has been filed under Section 11 of Contempt of Courts Act to punish the respondents for willful disobedience of the Order of this Court in WP.No.2982/11 dated 08/02/2013 WP.NO.2982/11: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents to appoint the petitioner as Junior Assistant in the office of the 1st Respondent.

For Appellant :

Mr.V.Raghavachari * * * * *

J U D G M E N T

(Judgment of the Court was delivered by The Hon'ble Chief Justice) The grievance of the petitioner is that the impugned order is a non-speaking order in the contempt petition passed after non-statutory notice was issued and that too without perusal of the records.

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2.Be that as it may, the contempt petition having been dismissed as no case for contempt proceedings being made out, a contempt appeal is undisputedly not maintainable. In so far as the Letters Patent Appeal is concerned, the impugned order, in no manner, affects the civil right beyond the scope of contempt which could have permitted us to entertain the appeal. 3.We are afraid that there is no other option for us but to dismiss the appeal as not maintainable in view of the judgment of the Supreme Court in Midnapore Peoples' Coop. Bank Ltd. vs. Chunilal Nanda, (2006) 5 SCC 399. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar sra To 1.The Managing Director, Co-operative Urban Bank Limited, Pondicherry.

2.The Secretary to the Govt. of Pondicherry, Co-operative Department, Pondicherry.

L.P.A.No.1 of 2016 aa12/02/2016 https://hcservices.ecourts.gov.in/hcservices/