V.Dhanasekaran v. L.Subramanian I.A.S

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM Contempt Petition No.1815 of 2019 V.Dhanasekaran

...Petitioner

..Vs..

Dr.L.Subramanian, I.A.S., District Collector, Villupuram District, Villupuram.

...Respondent

Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to punish the respondent for committing contempt of Court by willfully disobeying the order passed in W.P.No.34842 of 2018 dated 02.04.2019. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.J.Ramesh, AGP

ORDER

The contempt petition is filed for the willful disobedience of the orders passed by this Court in W.P.No.34842 of 2018 dated 02.04.2019.

2.This Court passed an order as follows;

"14.Thus, the enquiry shall be conducted by the disciplinary authority under the Rules by affording an opportunity to the delinquent

officials. Mere pendency of the criminal case is also a no bar for the continuance of the departmental disciplinary proceedings. Thus, the respondent, in the event of availability of materials on record, is empowered to continue the departmental disciplinary proceedings, conclude the same and pass final orders. This being the principles to be followed, the respondent is directed to consider all these aspects, take a decision and proceed further.

15.With the above observations, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."

3.The learned counsel appearing on behalf of the petitioner made a submission that the order has not been complied with. The learned Additional Government Pleader made a submission that on 15.11.2019, a notice was issued to the contempt petitioner for enquiry and his wife appeared and informed the District Collector that the whereabouts of the writ petitioner are not known. Under these circumstances, this Court passed an order on 15.11.2019 directing the writ petitioner to be present. The writ petitioner Mr.V.Dhanasekaran is present before this Court today i.e., on 21.11.2019.

4.The learned counsel appearing on behalf of the petitioner made a submission that the petitioner will

appear before the District Collector and participate in the process of enquiry. The petitioner undertakes that he will participate in the enquiry to be held before the District Collector.

5.This being the factum now placed before this Court, the respondent/District Collector is directed to proceed with the enquiry by fixing a date and informing the said date to the contempt petitioner.

6.The contempt petitioner is directed to approach the Office of the District Collector and furnish the correct particulars as well as the telephone number or mobile number to enable the authorities to inform the date of hearing to the contempt petitioner. Accordingly, this contempt petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) mrm //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/27/01/2020 To The District Collector, Villupuram District, Villupuram.