Paramasivam v. Mozhiyarasi

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.02.2024

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI in W.P.(MD)No.5123 of 2020 Paramasivam ... Petitioner/Petitioner Vs.

Tmt.Mozhiyarasi, The Chief Engineer, Personal, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai.

... Contemnor/1st Respondent PRAYER : Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the respondent for disobedience of the order of this Court made in W.P.(MD)No.5123 of 2020 dated 08.12.2022. For Petitioner : Mr.R.Murali For Contemnor : M/s.M.Parameswari Standing Counsel

ORDER

This Contempt Petition has been filed to punish the respondent for his willful disobedience of the order dated 08.12.2022. in W.P.(MD)No.5123 of 2020.

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2.This Court, by its order dated 08.12.2022, issued a direction to the respondent to implement the promotion order dated 11.02.2020, within a period of six weeks from the date of receipt of a copy of the order, if there is no legal impediment. The said order was not implemented. Hence, the present petition has been filed.

3.The learned Standing Counsel appearing for the respondent/Corporation would submit that admittedly, the Charge Memo was issued as against the petitioner on 14.08.2019. However, the promotion order was issued on 11.02.2020 without considering the Charge Memo already pending against the petitioner. When the petitioner is facing the Charge Memo, he is not entitled for promotion. Hence, the order passed by this Court dated 08.12.2022 was not implemented.

4.In view of the above, there is no wilful disobedience on the side of the respondent/contemnor. Hence, this Contempt Petition is closed. 16.02.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dss 2/4

To Tmt.Mozhiyarasi, The Chief Engineer, Personal, Tamil Nadu Generation and Distribution Corporation Ltd., No.144, Anna Salai, Chennai. .

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M.DHANDAPANI ,J.

dss in W.P.(MD)No.5123 of 2020 16.02.2024 4/4