Dr. S. Snekalatha v. . Ashok Kumar Singh, Ias

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Contempt Petition No.3426 of 2024 Dr.S.Snekalatha, W/o. Dr. G. Saravana Kumar, Professor (Physiology), Employees' State Insurance Corporation Medical College & Hospital, K.K. Nagar, Chennai 600 078.

... Petitioner

Versus

1. Shri. Ashok Kumar Singh, IAS The Director General, Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi 110 002.

2. Shri. Gitish Kumar Kain, The Deputy Director (Medical Administration) Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi 110 002.

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3. Dr. Chavan Kalidas Dattatraya, The Dean, Employees' State Insurance Corporation Medical College & Hospital, K.K.Nagar, Chennai 600 078.

... Respondents PRAYER: Petition filed under Sections 11 of the Contempt of Courts Act, 1971, to punish the respondents for willfully disobeying the orders passed in WMP No.16999 of 2024 in WP No.15609 of 2024 dated 18.06.2024. For Petitioner : Mr.G.Sankaran, Senior Counsel for M/s.S.Nedunchezhiyan For Respondents : Mr.AR.L.Sundaresan, Additional Solicitor General, for RR1 to 3 Assisted by K.Prabakaran, Special Government Pleader *****

O R D E R

(Order of the Court was delivered by R.SUBRAMANIAN, J.) We had, by our order dated 02.01.2025, issued a statutory notice to the respondent as to why action should not be initiated against him or he should not be punished for having committed contempt of the order of the Central Administrative Tribunal dated 16.05.2024. 2/5

2. The respondent is present in person. He has filed an affidavit stating that soon after the receipt of the copy of the order of the Central Administrative Tribunal, he had sought for legal opinion and his counsel gave an advice to file a Writ Petition. The approval from the Headquarters was obtained on 20.05.2024 and the Writ Petition was filed on 21.05.2024. However, the Writ Petition was moved for admission on 12.06.2024. He did not allow the petitioner in this contempt petition to join duty on the opinion of his legal counsel.

3. The legal opinion of the Additional Solicitor General has also been placed in our hands. Though we find the explanation very unsatisfactory, since the Dean of the ESI College has gone by the opinion of the Additional Solicitor General, we do not deem it fit to proceed against him in contempt.

4. Hence the Contempt Petition is closed.

(R.SUBRAMANIAN, J.) (K.KUMARESH BABU, J.) 02.04.2025 jv 3/5

Index: Yes/No Speaking order/Non Speaking order To

1. The Director General, Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi 110 002.

2. The Deputy Director (Medical Administration) Employees' State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi 110 002.

3. The Dean, Employees' State Insurance Corporation Medical College & Hospital, K.K.Nagar, Chennai 600 078.

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R.SUBRAMANIAN, J.

and K.KUMARESH BABU, J.

jv Contempt Petition No.3426 of 2024 02.04.2025 5/5