Madras High CourtCONT P(MD)/398/2020closed

Jesu Praba v. A.Gnana Gowri

2023-08-16Honourable Mr. Justice Battu Devanand6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2023

CORAM:

THE HONOURABLE Mr.JUSTICE BATTU DEVANAND Contempt Petition (MD) No.398 of 2020 and Sub Application (MD) No.169 of 2021 in Writ Petition (MD) No.3601 of 2019 Jesu Praba .. Petitioner Vs.

1.A.Gnana Gowri Chief Educational Officer, Thoothukudi District.

2.C.Lakshmanaswami, District Educational Officer, Thoothukudi District.

.. Respondents Prayer: Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for his deliberate and willful disobedience of the order of this Court dated 06.03.2019 in Writ Petition (MD) No.3601 of 2019.

For Petitioner :

Ms.A.Amala For Respondents :

Mr.V.Nirmal Kumar

ORDER

This contempt case has been filed complaining wilful disobedience of the order dated 06.03.2019 in W.P.(MD) No.3601 of 2019.

2. Heard the learned counsel for the petitioner and the learned counsel appearing for the respondents and perused the record.

3. Admittedly, aggrieved by the order of the learned Single Judge, dated 06.03.2019, on behalf of the State, a writ appeal was filed and it was dismissed on 12.11.2019. An application to review the said judgment was filed and it was also dismissed on 06.06.2023.

4. The first limb of the order dated 06.03.2019 to approve the appointment of the petitioner with effect from 09.06.2014 was complied by order dated 22.07.2023 and the second limb of the order to disburse

the gratuity towards the petitioner's salary and other attendant benefits was complied on 07.08.2023.

5. It appears that after the dismissal of the review petition, the respondents started action to comply the order of the Court and implemented the order on 07.08.2023. But, in the affidavit filed by the respondents on 13.07.2023, it is stated that the order of the Court is complied in letter and spirit, which is false.

6. As admitted by the respondents, the order of the Court was complied with only on 07.08.2023 in toto. However, considering the fact that the order of the Court is complied with as of now and taking lenient view towards the respondents, this Court intends to close this contempt petition.

7. However, it is made clear that the respondents shall be cautious and vigilant while filing affidavits before the Court. They are warned that serious action will be initiated against them, if any false affidavits are filed before the Court.

7.1. For the above reasons, this Contempt Petition is closed. 7.2. Consequently, connected sub application is also closed. 16.08.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.Ms.A.Gnana Gowri Chief Educational Officer, Thoothukudi District.

2.Mr.C.Lakshmanaswami, District Educational Officer, Thoothukudi District.

BATTU DEVANAND, J.

abr Dated : 16.08.2023