A.Shanmugavel, v. B.Senthilkumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.P.(MD)No.14367 of 2022 A.Shanmugavel ... Petitioner Vs.

1.B.Senthilkumar, The Joint Register of Cooperative Societies, O/o. The Joint Registrar of Cooperative Societies, Virudhunagar Region, Collectorate Campus, Virudhunagar.

2.S.Ravichandran, The Deputy Registrar of Cooperative Societies, O/o. The Deputy Registrar of Cooperative Societies, Aruppukkottai Circle, Virudhunagar District.

... Respondents Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondents for willful and deliberate disobedience of the order passed by this Court in W.P.(MD)No.14367 of 2022, dated 26.09.222.

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For Petitioner : Mr.N.Padmaboopathi For Respondents : Mr.K.Selvaganesan Additional Government Pleader

ORDER

Heard the learned counsel on either side.

2. W.P.(MD)No.14367 of 2022 filed by the petitioner was allowed on 26.09.2022 in the following terms:- "11.In this view of the matter, the impugned order of suspension as well as the order retaining the petitioner in service are set aside and the writ petition is allowed. The respondents 1 & 2 are directed to permit the petitioner to retire from service with effect from the date of superannuation. His retirement benefits shall also be disbursed. I however make it clear that this order allowing the writ petition will not tie the hands of the investigation officer. If later, the fourth respondent comes across any material, it is always open to him to file an alteration report or even include the writ petitioner in the charge sheet. I have not passed any order regarding the innocence or guilt of the writ petitioner." Contending that this order has not been complied with, the present contempt petition has been filed.

3. When the matter was take up for hearing, the learned Additional Government Pleader appearing for the contemnor submitted that 2/4

necessary proposals in favour of the petitioner have already been submitted by the department and that it is now pending on the file of the Accountant General, Chennai. It is further stated that the other benefits have already been disbursed. If there is any delay on the part of the Accountant General in finalising the proposal, it is open to the petitioner to move this Court once again.

4. With this liberty to the petitioner to file a fresh contempt petition, the Contempt Petition is closed.

01.06.2023 Index: Yes/No Internet: Yes/No rmi To 1.The Joint Register of Cooperative Societies, O/o. The Joint Registrar of Cooperative Societies, Virudhunagar Region, Collectorate Campus, Virudhunagar.

2.The Deputy Registrar of Cooperative Societies, O/o. The Deputy Registrar of Cooperative Societies, Aruppukkottai Circle, Virudhunagar District.

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G.R.SWAMINATHAN, J.

rmi ORDER MADE IN in W.P.(MD)No.14367 of 2022 01.06.2023 4/4