C.Babu Rajan v. R. Mohan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 08.03.2024

CORAM

The Hon`ble Mr.Justice M. DHANDAPANI CONT. P. (MD) No.452 of 2024 in W.P.(MD) No.5708/2022 C.Babu Rajan ... Petitioner Vs 1.R.Mohan The Managing Director State Express Transport Corporation Ltd., Pallavan Street, Chennai 600 002.

2.V.Gunasekaran The General Manager (O&A) State Express Transport Corporation ltd., Pallavan Salai, Chennai 3.M.Thirunavukkarasu The Branch Manager State Express Transport Corporation ltd., Pallavan Salai, Chennai ... Respondents PRAYER :- Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnors/respondents and punish the contemnors/respondents for the 1/4

wilful disobedience of the order of this Court made in W.P.(MD) No. 5708 of 2022 dated 24.02.2023.

For Petitioner : M/s.S.Louis For Respondents : M/s. S.C.Herold Singh

ORDER

Alleging that the order of this court dated 24.02.2023 has not been complied with, the petitioner is before this court with this contempt petition.

2.It is seen that this Court vide order dated 24.02.2023 has passed the following order:

"5. Considering the limited request made by the learned counsel appearing for the petitioner, this Court, without interfering with the impugned circular and the consequential communication, directs the respondents to refer the petitioner to the Medical Board, Rajiv Gandhi Government General Hospital, Chennai, within a period of four weeks from the date of receipt of a copy of this order and get a report from the Medical Board, whether the petitioner is fit for the post of Checking Inspector or not. On receipt of receipt of report from the Medical Board, the respondents management is directed to pass appropriate orders, within a period of four weeks 2/4

thereafter."

3. It is the case of the respondent that this Court passed the order on 24.02.2023, however, they have received the order copy only on 02.06.2023 and before that, ie., on 31.05.2023 itself, the petitioner retired from service on attaining the age of superannuation and hence, the respondents could not send the petitioner for medical board.

4. Since the petitioner got retired as early as on 31.05.2023 and the respondents have received the order only on 02.06.2023, sending the petitioner to medical board does not arise at that juncture. Hence, there is no wilful disobedience on the part of the respondents and hence, the Contempt Petition stands closed.

08.03.2024 RR NCC :

Yes/No Index :

Yes/No 3/4

M.DHANDAPANI. J RR

ORDER

IN CONT. P. (MD) No.452 of 2024 in W.P.(MD) No.5708 /2022 Date : 08.03.2024 4/4