M.K.Mohan v. S.K.Prabhakar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR Cont. P(MD).Nos.582 & 584 of 2020 IN W.P(MD)No.16807 & 12882 of 2019 M.K.Mohan ... Petitioner in Cont. P (MD) Nos. 582 & 584 of 2020 Vs.

1.Mr.S.K.Prabhakar Secretary to the Department of Home State of Tamilnadu, Fort St. George, Chennai - 600 009.

... First Respondent in Cont. P (MD) Nos. 582 & 584 of 2020 2.Mr.J.K.Tripathy, The Director of General of Police (Law & Order), Chief Office, Mylapore, Chennai - 600 004.

... Second Respondent in Cont. P (MD) Nos. 582 & 584 of 2020 3.Mrs.Ravali Priya Gandhapuneni, The Superintendent of Police cum Enquiry Officer, Dindigul, Dindigul District.

... Third Respondent in Cont.P(MD)No.582 of 2020 PRAYER IN CONT. P (MD) Nos. 582 & 584 of 2020: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents herein for their deliberate and willful disobedience of the Order of this Court dated 26.11.2019 in Writ Petition (MD) Nos. 16807 of 2019 and 12882 of 2019 amounting to Contempt of Court under Article 215 of the Constitution of India read with Section 11 of the Contempt of Courts Act, 1971, and pass orders. Prayer in WP(MD). 16807/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorari, calling for the records relating to the impugned charge memo in proceedings in Tha.Pa.No.59/2019 dt.4.5.2019 (recived on 13.5.2019) issued by the 3rd respondent superintendent of police, Dindigul District quash the same.

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Prayer in WP(MD). 12882/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the impugned order issued by the 1st respondent in Letter (D) No.1448 Home(Pol.2) Department dated 14/12/2018, quash the same and further direct the respondents herein to allow the petitioner forthwith to retire on Voluntary Retirement basis w.e.f.20/12/2018 with all retrial and attendant benefits. For Petitioner :

Mr.T.Cibi Chakraborthy For Respondents :

Mr.Veera Kathiravan, Addl. Advocate General, Assisted by Mr.A.K.Manikkam, Standing Counsel for State.

C O M M O N O R D E R The Learned Additional Advocate General appearing for the respondents has fairly submitted before this Court that the Government has passed a Government Order dated 21.10.2021 in compliance with the order passed by this Court as well as the order passed by the Division Bench of this Court by dropping the disciplinary charges as against the petitioner. A copy of the said order has also been placed before this Court.

2. In view of the Government Order being passed by the respondents, the respondents have complied with the order passed by this Court and thus there is no willful disobedience on the part of the respondents. Even if there is any delay in passing the order by the respondents, it is only bonafide. The respondents have given assurance before this Court that all other retirement benefits will be settled to the petitioner at the earliest, if there is no legal impediment.

3. In view of the aforesaid Government Order having been passed, the contempt petitions are closed.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO:- 1.The Secretary, Department of Home State of Tamilnadu, Fort St. George, Chennai - 600 009.

2.The Director of General of Police (Law & Order), Chief Office, Mylapore, Chennai - 600 004.

3.The Superintendent of Police cum Enquiry Officer, Dindigul, Dindigul District.

+1 CC to M/s.T.CIB CHAKRABORTHY, Advocate (SR-32340[F] dated 25/10/2021) +1 CC to M/s.SPL.GP (SR-32348[F] dated 25/10/2021) Cont. P(MD).Nos.582 & 584 of 2020 22.10.2021 TSK(CO) GC/PM(12.11.2021) 3P 6C 3/3