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Madras High CourtSUB A(MD)/66/2024allowed

Kakarla Usha I.A.S., v. C. Lekshmanaswamy,

2024-03-07Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Thursday, the Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI IN CONT P(MD)No. 144 of 2024 KAKARLA USHA I.A.S., THE STATE OF TAMIL NADU, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI -9.

... PETITIONER/1st CONTEMNOR Vs 1 C. LEKSHMANASWAMY, DISTRICT EDUCATIONAL OFFICER, (UNDER SUSPENSION AND NOT ALLOWED TO RETIRE FROM SERVICE), TIRUNELVELI, TIRUNELVELI DISTRICT.

...1st RESPONDENT/PETITIONER 2 G. ARIVOLI THE COMMISSIONER OF SCHOOL EDUCATION, O/O.COMMISSIONER OF SCHOOL EDUCATION, NUNGAMBAKKAM, CHENNAI.

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3 P. KUPPUSAMY, THE JOINT DIRECTOR OF SCHOOL EDUCATION (PERSONNEL), O/O. JOINT DIRECTOR OF SCHOOL EDUCATION, CHENNAI - 600 006.

4 CHINNARASU, THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI DISTRICT, TIRUNELVELI.

...RESPONDENTS 2 TO 4/CONTEMNORS 2 TO 4 Petition filed praying that in the circumstances stated therein and in the affidavit filed therewith the High Court may be pleased to dispense with the personal appearance of petitioner /1st contemnor herein before this Hon`ble Court pursuant to the statutory notice issued by this Hon`ble Court on 09-02-2024 in the above contempt.

Prayer in CONT P(MD). 144/ 2024 :

Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the Contemnors/Respondents for the deliberate and willful disobedience of the order dated 27.01.2023 passed by this Honourable Court in W.P.(MD. No. 29003 of 2022.

Prayer in WP(MD). 29003/ 2022 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court S-2 (Suspension). Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the impugned order passed by the 1st respondent in his proceedings G.O.(1D) No.282 School Education (SE1(2) Department dated 28.11.2022 and consequential impugned order passed by the 1st respondent vide G.O.(1D) No.284 School Education (SE1(2) Department dated 30.11.2022 and quash the same as illegal. Prayer in WMP(MD). 5390/ 2024 :

To grant extension of time for a period of one year for implementing the order passed by this Honble Court in WP(MD) 29003/2022 dated 27.01.2023. 2/4

ORDER : This petition coming up for orders on this day, upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.R.BASKARAN, Additional Advocate General VI Assisted by MR.D.SADIQ RAJA, Additional Government Pleader for the petitioner and of MR.C.VENKATESH KUMAR, Advocate for M/S.AJMAL ASSOCIATES on behalf of the Respondents, the court made the following order:- In view of the order passed in WMP.(MD)No.5390 of 2024 in W.P.(MD) No.29003 of 2022, the personal appearance of the petitioner/first contemnor is dispensed with.

2.Post the matter on 10.07.2024 for reporting compliance. sd/- 07/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 G. ARIVOLI THE COMMISSIONER OF SCHOOL EDUCATION, O/O.COMMISSIONER OF SCHOOL EDUCATION, NUNGAMBAKKAM, CHENNAI.

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2 P. KUPPUSAMY, THE JOINT DIRECTOR OF SCHOOL EDUCATION (PERSONNEL), O/O. JOINT DIRECTOR OF SCHOOL EDUCATION, CHENNAI - 600 006.

3 CHINNARASU, THE CHIEF EDUCATIONAL OFFICER, TIRUNELVELI DISTRICT, TIRUNELVELI.

4 KAKARLAUSHA PRINCIPAL SECRETARY TO GOVERNMENT, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT, CHENNAI -9.

ORDER

IN IN CONT P(MD)No. 144 of 2024 Date :07/03/2024 PKP/GS/SAR /27.03.2024/ 4P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4