S.Sangeetha v. K.Rani

CONT.P.(MD)No.455 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2020

CORAM:

THE HON'BLE MR.JUSTICE R.SURESH KUMAR CONT.P(MD)No.455 of S.Sangeetha, Panchayat Secretary, Nangaimozhi Village Panchayat, Udankudi Panchayat Union, Veppankadu 628 210 Thoothukudi District ... Petitioner/ Petitioner Vs.

K.Rani, Block Development Officer, Udankudi Panchayat, Thoothukudi District.

... Contemnor / 2nd Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the Contemnor/ 2nd respondent for her willful disobedience of the order of this Court made in W.P.(MD) No.2816 of 2019 dated 02.01.2020.

Prayer in WP(MD). 2816/ 2019 :

Writ Petition filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the proceedings in Na.Ka.No:Thi3/46/2016 dated 05.10.2016 passed by the 2nd respondent and quash the same and further directing the 2nd respondent to reinstate the Petitioner as Panchayat Secretary in Nangaimozhi Village Panchayat, Udankudi Panchayat Union, Veppankaadu, Tuticorin Dist.

For Petitioner : Mr.R.Maheswaran For Respondent : Mrs.J.Padmavathi Devi, Special Government Pleader.

O R D E R

This is a Contempt Petition filed against the alleged disobedience of the orders passed by this Court made in W.P.(MD) No.2816 of 2019 dated 02.01.2020.

2. Today, when the case is taken up for hearing, Mrs.J.Padmavathi Devi, learned Special Government Pleader appearing for the respondents,has produced the order passed by the respondent herein, dated 04.08.2020, whereby, the respondent has revoked the suspension order already passed against the petitioner, in view of the pendency of the disciplinary proceedings, which could not be completed within the three months period, as stipulated by this Court in the said order dated 02.01.2020 made in W.P.(MD) No.2816 of 2019.

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CONT.P.(MD)No.455 of 2020

3. By relying upon the said order, dated 04.08.2020, the learned Special Government Pleader would submit that, due to some unavoidable reasons, the enquiry could not be completed within the prescribed period of three months. Any how, now, by order dated 04.08.2020, the suspension order passed against the petitioner, under which, she has been placed under suspension, all along, has been revoked and she has been given posting. Therefore, pursuant to which, let the petitioner join in the said post, now given and steps would be taken to complete the disciplinary proceedings as directed by this Court by its order dated 02.01.2020 at the earliest.

4. The said submission made by the learned special Government Pleader appearing for the respondent is hereby recorded.

5. Only the suspension order has been revoked, but the disciplinary proceeding is yet to be completed. Admittedly, however the order of the Court dated 02.01.2020 is that, within three months time, the disciplinary proceedings should be completed.

6. No petition seeking for extension of time, due to the completion of three months time, also has been filed. Any how, now, the petitioner shall be reinstated for the time being by revoking the suspension order. Let the respondent complete the disciplinary proceedings at the earliest within a period of two months from today, for which, the petitioner shall give his fullest cooperation. It is made clear that within the two months period, if the disciplinary proceedings is not completed, it is open to the petitioner to revive this contempt petition.

7. With this direction, this contempt petition is closed for the time being.

Sd/- Assistant Registrar (CSIII) // True Copy // / /2020 Sub Assistant Registrar(CS) sts To Block Development Officer, Udankudi Panchayat, Thoothukudi District.

+1 CC to M/s.SPL GP ( SR-16259[F] dated 08/09/2020 ) CONT.P(MD)No.455 of 2020 07.09.2020 KB(16.09.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2