R.Sivakoumar v. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH Contempt Petition No.420 of 2017 R.Sivakumar ... Petitioner Vs.

Mr.Ganesan Registrar, Anna University Chennai 600 025.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Court Act, praying to punish the respondent herein for wilful disobedience and non-implementation of the order dated 16.09.2016 passed by this Court in W.P.No.35865 of 2015 dated 16.09.2016.

For Petitioner : Mr.AR.L.Sundaresan Senior Counsel for M/s.S.Srinivasan For Respondent : M/s.Narmadha Sampath Additional Advocate General VIII Asst.by Mr.Vijayakumar

O R D E R

The present Contempt Petition has been filed by petitioner alleging non-compliance of the order of this Court passed in W.P.No.35865 of 2015 dated 16.09.2016, in which this Court directed as follows:

"8. In view of the above facts and circumstances of the case, though the petitioner prayed for a larger relief, instead of giving such a positive direction, I am of the opinion, it would be appropriate to direct the respondent to consider the case of the petitioner in the light of the Judgment of the Hon'ble Supreme Court reported in 2015 (2) SCALE 432- Ajay Kumar Choudhary Vs Union of India through its Secretary and another.

9. Accordingly, without going into the merits of the claim made by the petitioner, the petitioner is directed to give a fresh representation to the respondent along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the same, the respondent is directed to consider the same and pass appropriate orders, on merits and in accordance with law and also in the light of the judgment of the Hon'ble Supreme Court reported in 2015 (2) SCALE 432 - Ajay Kumar Choudhary Vs Union of India through its Secretary and another, within a period of six weeks thereafter".

2. Heard the learned counsel for petitioner and the learned Additional Advocate General, assisted by Mr.Vijayakumar, learned counsel appearing for the respondent.

3. Today, when the Contempt Petition is taken up for consideration, learned counsel for the petitioner as well as learned Additional Advocate General appearing for the

respondent submitted that the order of this Court had been complied with by the respondent. It is further submitted by the learned Additional Advocate General that the said representation was considered and that Departmental Enquiry was conducted and the petitioner was removed from service by order dated 21.05.2019 passed by the respondent. Since the order of this Court had been complied with by the respondent, nothing further survives for consideration in this Contempt Petition, which is accordingly closed. However, it is made clear that it is open to the petitioner to approach the appropriate forum to seek necessary reliefs, if he is so advised, in the manner known to law. No costs.

SD/- ASSISTANT REGISTRAR(COMM.CASES) dpq //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/04/07/2019 To The Registrar, Anna University Chennai 600 025.