K.Kala v. Gnanasekaran
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.10.2021
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR CONT.P(MD)No.1480 of 2021 K.Kala ... Petitioner/Petitioner vs.
1.Gnanasekaran, IAS, The Director, Animal Husbandary and Veterinary Services, Chennai - 6.
2.Hari Baskar, The District Employment Officer, Virudhunagar District, Virudhunagar.
... Contemnors/Respondents PRAYER: Petition filed under under Section 11 of the Contempt of Court Act, 1971, to punish the Contemnors/respondents for their wilful and deliberate violation of the order passed by this Court dated 17.07.2019 made in W.P.(MD).No.6852 of 2014. Prayer in WP(MD). 6852/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus, to call for the records relating to the Impugned order passed by the 1st respondent in his proceedings in Na.Ka. No. 48751/E2/2012 dated 30.09.2013 and quash the same as illegal, arbitrary and unconstitutional and consequently direct the 1st respondent to appoint me in the place of 4th respondent as Live Stock Exchange Inspector Grade II.
For Petitioner : Mr.S.Sukumar For Respondents : Mr.M.Linga Durai Government Advocate *****
O R D E R
This Contempt Petition is filed alleging wilful disobedience of the order passed by this Court in W.P.(MD)No.6852 of 2014, dated 17.07.2019.
2.The petitioner filed a Writ Petition for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the first respondent, dated 30.09.2013 and to direct the first 1/3
respondent to appoint the petitioner in the place of fourth respondent as Life Stock Exchange Inspector Grade II. The said Writ Petition was dismissed along with other Writ Petitions. However, after recording the pleadings of the petitioner herein, this Court directed the official respondents to verify the files and conduct an enquiry, if required and initiate appropriate action for cancellation of appointment by following the procedure, after affording an opportunity to the candidate concerned. 3.
It is the case of the petitioner that the candidate by name, Jeyalakshmi, suppressed the fact that she has already been appointed as Noon Meal Organizer and secured the appointment in the post of Life Stock Exchange Inspector Grade II and a general direction was issued to the respondents to verify whether there are any illegalities and to take suitable action in accordance with the Rules by following the procedure and after affording opportunity to the respective candidates concerned. 4.Thus, the direction in the Writ Petition was to find out whether anyone had obtained appointment suppressing facts or playing fraud and fraudulent activities. Pursuant to the order, the respondent has taken some action and concluded that the appointment of S.Jeyalakshmi was proper. In the proceedings dated 14.07.
2021, the respondent has also enquired and found that the said Jeyalakshmi though was temporarily employed as Anganbadi Worker, she had resigned the job on 17.10.2013 and competed for the other post.
5. A reading of the order would indicate that the direction of this Court for holding an enquiry, was also complied with. This Court perused the proceedings of the respondent, dated 14.07.2021, and the proceedings, dated 04.09.2020, produced before this Court as steps taken by the respondent in compliance of the direction of this Court.
6.Recording compliance, this Contempt Petition is closed. The learned Government Advocate appearing for the respondents is directed to supply the proceedings of the respondents dated 14.07.2021 and 04.09.2020 to the learned Counsel appearing for the petitioner.
Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) tmg/cp 2/3
To 1.Gnanasekaran, IAS, The Director, Animal Husbandary and Veterinary Services, Chennai - 6.
2.Hari Baskar, The District Employment Officer, Virudhunagar District, Virudhunagar.
+1 CC to M/s.SPL.GP ( SR-33046[F] dated 28/10/2021 ) CONT.P(MD)No.1480 of 2021 27.10.2021 RK/JGB(15/11/2021) 3P 4C 3/3