Jayakumar v. Tr.Niranjan Mandi, Ias

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 26.07.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Jayakumar, Formerly Deputy Superintendent of Police, CB CIDSID, Egmore, Chennai 600 008 ... Petitioner Vs 1.Tr.Niranjan Mardi, I.A.S Principal Secretary to Government Home (Police - II) Department, Secretariat, Fort Saint George, Chennai - 600 009.

2.Tr.T.K.Rajendran, I.P.S.

Director General of Police, Dr Radhakrishnan Salai, Mylapore, Chennai - 600 004.

... Respondents PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondents for their willful and intentional disobedience to the order of the Hon'ble High Court in W.P.No.5214/2017 dated 03.03.2017.

For Petitioner : Mr.K.Venkataramani for Mr.M.Muthappan For Respondents : Mr.K.Tippusulthan Government Advocate

ORDER

The present contempt petition is filed seeking to punish the respondents for their willful and intentional disobedience to the order of the Hon'ble High Court in W.P.No.5214/2017 dated 03.03.2017. 2.The order of the Writ Court was a direction to the first respondent to consider and dispose of the petitioner's representation dated 26.12.2016. 3.It is stated that the petitioner's representation has been considered and disposed of on 08.02.2019 in G.O.(2D),No.35 Home (Police-2) Department, dated 08.02.2019, whereby the petitioner was permitted to retire from service on attaining the age of superannuation on 30.11.2016.

The delay in passing the order has also been explained through the counter affidavit citing that due to administrative reasons, there was delay in due compliance of the order and by taking into account the delay, this Court is of the view that the disobedience alleged is not willful in nature. 4.At this juncture, the learned counsel for the petitioner submitted that in view of the delay in disbursing the retirement benefits and the delay in passing orders, the petitioner would be entitled for payment of interest on the outstanding amount.

remedy in accordance with law. Accordingly, the contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) sms //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/26/11/2021 To 1.The Principal Secretary to Government Home (Police - II) Department, Secretariat, Fort Saint George, Chennai - 600 009.

2.The Director General of Police, Dr Radhakrishnan Salai, Mylapore, Chennai - 600 004.