M. Murugesan v. H.Malleshappa, Ifs

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :03.03.2021

CORAM:

THE HON'BLE MRS.JUSTICE J.NISHA BANU Cont.P(MD)No.1185 of 2020 in W.P(MD)No.6333 of 2012 M.Murugesan ... Petitioner/ Petitioner Vs.

1. Dr.H.Malleshappa, IFS., The Principal Chief Conservator of Forest (Head of Forest Force), Forest Department, Panagal Buildings, Saidapet, Chennai - 15.

2. Thiru.Thirunavukarasu, I.F.S., Regional Conservator of Forests, Dindigul - 624 004.

3. Tmt.C.Vidya, I.F.S., The District Forest Officer, Dindigul.

4. Mr.N.Thangaraju, I.F.S., District Forest Officer, Dindigul - 624 004.

5. The Principal Accountant General, (Accounts and Entitlements), Chennai - 600 018.

... Contemnors/Respondent Nos.1 to 5 PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, to punish the Contemnors/respondent Nos.1 to 5 for the wilful disobedience of the order passed by this Court in W.P(MD)No.6333 of 2012 dated 29.01.2020.

Prayer in WP(MD). 6333/ 2012 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, by calling for the orders issued by the 3rd respondent in his proceedings Na.Ka.7245/2005 P 2 dated 24.04.2009 and the order passed by the 2nd respondent in his Reference No.6113/09/P2 dated 12.01.2010 (the portion of the order imposing the punishment of compulsory retirement only) as well as 1/3

the consequential order passed by the 1st respondent confirming the order passed by the 2nd respondent in his proceedings Se.Mu.Aa.No. T 2/12392/2011 dated 11.05.2011 (served on the Petitioner only on 26.12.2011) and quash the same and further direct the Respondent to allow the Petitione to retire from service with effect from 30.11.2008 with all consequential service and monetary benefits.

For Petitioner : Mr.A.Thirumurthy For Respondents : Mr.J.Gunaseelan Muthiah, Additional Government Pleader

O R D E R

This Contempt Petition is filed to punish the respondents for wilful and deliberate disobedience of the order passed by this Court in W.P(MD)No.6333 of 2012 dated 29.01.2020.

2. Learned Additional Government Pleader by way of mentioning submitted that on 25.02.2021, the learned Special Government Pleader had not appeared before this Court and hence, statutory notice was ordered by this Court. She would bring to the notice of this Court that the order passed in the above writ petition has been stayed by the Divisional Bench in W.A(MD).No.332 of 2021 and would tender her apology for not appearing on 25.02.2021. She would also pray for withdrawal of the statutory notice.

3. Considering the submission made by the learned Government Pleader appearing for the contemnors, the statutory notice is withdrawn and this contempt petition is closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) pkn To:

1. The Principal Chief Conservator of Forest (Head of Forest Force), Forest Department, Panagal Buildings, Saidapet, Chennai - 15.

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2. The Regional Conservator of Forests, Dindigul - 624 004.

3. The District Forest Officer, Dindigul.

4. The District Forest Officer, Dindigul - 624 004.

5. The Principal Accountant General, (Accounts and Entitlements), Chennai - 600 018.

+1 cc to Mr.A.Thirumurthy , Advocate SR.No.8500 +1 cc to The Special Government Pleader Sr.No.8759 in W.P(MD)No.6333 of 2012 03.03.2021 KM (19.03.2021) 3P 8C 3/3