Madras High CourtCONT P/2093/2019closed

T.Mani v. Rajiv Gauba

2020-09-11Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 11.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH T.Mani

...Petitioner

1. Mr.Rajiv Gauba, IAS, Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi - 110001.

2. Mr.V.K.Johri, IPS, The Deputy Inspector General (Personnel), Block No.10, C.G.O.Complex, Lodhi Road, New Delhi - 110003.

3. Mr.Rajender Singh, Inspector General, Border Security Force (South Bengal), 2B-Lord Sinha Road, Kolkatta - 700071.

4. Mr.Piyush Mordia, IPS, The Additional Deputy Inspector General (Confidential), Personnel Directorate, Head Quarter Directorate General Border Security Force, Block No.10, C.G.O.Complex, Lodhi Road, New Delhi - 110003.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, praying to punish the respondents for the wilful disobedience of the order of this Hon'ble Court dated 15.04.2019 made in W.P.No.35854 of 2004 under Section 11 of the Contempt of Courts Act. For Petitioner : Mr.S.Udhaya Sankar For Respondents : Mr.D.Sathish, AGP for R1 Mr.D.Simon, CGSC for R4

O R D E R

Today, the matter is called through Video Conferencing. By consent of both the parties, the Contempt Petition is taken up for final disposal.

2. The present petition has been filed seeking to punish the respondents for the wilful disobedience of the order of this Court dated 15.04.2019 made in W.P.No.35854 of 2004 under Section 11 of the Contempt of Courts Act.

3. When the matter is taken up for consideration, Mr.D.Simon, learned Central Government Standing Counsel appearing on behalf of the

fourth respondent stated that, as against the order of this Court dated 15.04.2019, they have preferred a Writ Appeal, in which the delay has already been condoned and the appeal is likely to be listed shortly.

4. In my view, the present Contempt Petition need not be kept pending, since the respondents have filed a writ appeal. However, if the petitioner is still of the view that there is a contempt of the Court's order, even after disposal of the Writ Appeal, liberty is hereby granted to them to file a fresh Contempt Petition.

5. Accordingly, the present Contempt Petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //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/01.10.2020 To

1. The Secretary, Union of India, Ministry of Home Affairs, North Block, New Delhi - 110001.

2. The Deputy Inspector General (Personnel), Block No.10, C.G.O.Complex, Lodhi Road, New Delhi - 110003.

3. The Inspector General, Border Security Force (South Bengal), 2B-Lord Sinha Road, Kolkatta - 700071.

4. The Additional Deputy Inspector General (Confidential), Personnel Directorate, Head Quarter Directorate General Border Security Force, Block No.10, C.G.O.Complex, Lodhi Road, New Delhi - 110003.