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Madras High CourtSUB APPL/296/2024dismissed

K.Eswaran v. P.Amutha, I.A.S.,

2024-09-23Honourable Mr.Justice Mummineni Sudheer Kumar3 pages

Sub Application No.296 of 2024 in Contempt Petition No.1950 of 2019 MUMMINENI SUDHEER KUMAR , J.

This Application is filed seeking reopening of Contempt Petition No.1950 of 2019, which was closed by this Court on 13.01.2020 on the ground that the accelerated promotion that was granted in favour of the petitioner through G.O (Ms) No.7, Home (Pol.VIII) Department, dated 03.01.2020 is not in accordance with the order passed by this Court in W.P.No15641 of 2012 dated 24.01.2018 and also contending that the petitioner was not granted the benefit of cash award, though he is otherwise entitled for the same.

2. The above contempt petition was closed by this Court on 13.01.2020 by recording as under:- "2. When the matter was called today, the learned Special Government Pleader appearing for the respondent by producing a copy of the G.O.(Ms.) No.07, Home (Pol.VIII) Department dated 03.01.2020 submitted that the order of this Court made in W.P.No.15641 of 2012 dated 24.01.2018 has been duly complied with. The said statement was accepted by the learned Counsel for 1/3

the petitioner.

3. Recording the same, the Contempt Petition is closed."

From the above, it is evident that the statement made by the learned Special Government Pleader was accepted by the learned counsel for the petitioner and then only the contempt petition was closed.

3. In the teeth of the above, the question of re-opening the contempt petition does not arise. Even otherwise, this Court has examined the contention of the learned counsel for the petitioner, but not convinced with the same. Hence, this Court is of the considered view that this is not a matter that can be gone into in a contempt petition by re-opening the same.

4. In the circumstances, this Application is dismissed granting liberty to the petitioner to take appropriate steps against G.O (Ms) No.7, Home (Pol.VIII) Department, dated 03.01.2020, if he is otherwise aggrieved by the same.

23.09.2024 skr 2/3

MUMMINENI SUDHEER KUMAR , J.

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