Mr. M.Balamurugan, v. Thiru. A.P.Mahabharathi, I.A.S.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Contempt Petition No.2773 of 2024 M.Balamurugan ... Petitioner

Versus

1. Thiru.A.P.Mahabharathi, I.A.S.

District Collector, Mayiladuthurai District.

2. M.Arupriya The Inspector of Police, Vigilance & Anti-Corruption, Nagapattinam.

... Respondents PRAYER: Petition filed under Sections 11 of the Contempt of Courts Act, 1971, to punish the respondents herein for contempt of Court for the willful and deliberate disobedience of the order dated 17.10.2023 in W.P.No.2209 of 2023.

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For Petitioner : Mr.A.Thiyagarajan For Respondents : Mr.P.Balathandayutham, Special Government Pleader

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.) It is the complaint of the petitioner that the order dated 17.10.2023 has not been complied with in its letter and spirit. The operative portion of the order reads as follows:

"6.In view of the present position as stated above, we direct the authority concerned to complete the enquiry with regard to the charges framed against the appellant and file his report, on merits and in accordance with law, after affording an opportunity of personal hearing to the appellant, within a period of 12 weeks from the date of receipt of a copy of this judgment. If the 2/5

enquiry report is not filed within the time stipulated, the first respondent shall consider the claim of the appellant for revocation of suspension and reinstatement into service, and pass orders, one way or other, in the light of G.O.(Ms.)No.81, HRM(N) Department, dated 04.08.2022, as expeditiously as possible."

2. Mr.P.Suresh, District Adi Dravidar and Schedule Tribe Welfare Officer, Myladuthurai, has written to the District Collector, Myladuthurai stating that the petitioner has not been cooperating in conduct of the enquiry and though he was permitted to engage a lawyer to cross-examine the witnesses and was reminded of it on 24.06.2024, he has not chosen to engage a lawyer and proceed with the enquiry. Therefore, the delay is attributable to the petitioner alone.

3. In view of the same, the Contempt Petition is closed. However, the enquiry has to be completed within a reasonable time. We therefore direct the Enquiry Officer to fix the date for enquiry and intimate the same 3/5

to the petitioner to enable him to appear and cross examine the witnesses. The enquiry proceeding shall be completed within a period of three months from today.

(R.SUBRAMANIAN, J.) (MOHAMMED SHAFFIQ, J.) 24.01.2025 jv Index: No Speaking order 4/5

R.SUBRAMANIAN, J.

and MOHAMMED SHAFFIQ, J.

jv Contempt Petition No.2773 of 2024 24.01.2025 5/5