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Madras High CourtCONT P(MD)/1602/2019closed

S.Manivannan v. Arunkumar,I.A.S.

2022-03-04Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in W.M.P.(MD)No.6399 of 2019 in W.P.(MD)No.8130 of 2019 S.Manivannan ... Petitioner Vs.

1.Arunkumar The Director General, Railway Protection Force, Railway Board, Rail Bhavan, New Delhi-110001.

2.S.Shandilya The Deputy Inspector General, Railway Board, Rail Bhavan, New Delhi-110001.

3.Ragul Jain, The General Manager, O/o The General Manager, Southern Railway, Park Town, Chennai-600 003.

4.Birendrakumar, The Principal Chief Security Commissioner, Railway Protection Force, Southern Railway, Moor Market Complex, 6th Floor, Chennai-600 003.

5.Mohaideen, The Divisional Security Commissioner, Railway Protection Force, Southern Railway, Trichirapalli-1.

... Respondents 1/3

Prayer: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to initiate appropriate contempt proceedings against the contemnors/respondents herein for their willful, wanton and deliberate disobedience in complying with the order dated 04.04.2019 made in W.M.P.(MD)No.6399 of 2019 in Writ Petition (MD) No.8130 of 2019 of this Court and to punish the contemnors / respondents for having committed contempt of this Court. Prayer in WP(MD). 8130/ 2019 :

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 pertaining to the impugned letter No.2010/Sec(spl)/6/1 dated 08.01.2019 issued by the Deputy Inspector General, Railway Board, the 3rd Respondent herein and the impugned letter No. X/80/AIRPFA/SR dated 9.1.2019 issued by the Principal Chief Security Commissioner, 5th Respondent herein and the impugned letter No. SXT/P.420/AIRPFA/2016 dated 25.02.2019 issued by the Divisional Security Commissioner, Trichy, the 6th respondent herein and to quash the same as unreasonable, illegal, arbitrary and against the terms and conditions contained in the letter of recognition dated 11.08.1999 issued by the first respondent herein with approval of the Central Government and to consequently direct the respondents to permit petitioners to function as the office bearers are elected in the respective General Body Meeting as per bye-laws of 2010 if the all India RPF Association.

Prayer in WMP(MD). 6399/ 2019 :

Petition praying that in the circumstances sated therein and in the affidavit filed therewith the High Court will be pleased to pass an order of Stay staying the operation of the impugned letter, No.2010/Sec(spl)/6/1 dated 08.01.2019 issued by the Deputy Inspector General, Railway Board, the 3rd Respondent herein and the impugned letter No. X/80/AIRPFA/SR dated 9.1.2019 issued by the Principal Chief Security Commissioner, 5th Respondent herein and the impugned letter No. SXT/P.420/AIRPFA/2016 dated 25.02.2019 issued by the Divisional Security Commissioner, Trichy, the 6th Respondent herein pending disposal of the WP.

For Petitioner :Mr.Y.Krishnan For Respondents :Mrs.S.Manohar Special Government Pleader

O R D E R

This contempt petition arises out of an interim order passed by this Court.

2. It is stated that the main writ petition was subsequently 2/3

allowed and they have been subjected to a fresh challenge in W.P. (MD)No.2490 of 2020.

3. Therefore, nothing survives for further adjudication in this contempt petition. It is accordingly closed. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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.

To

1. The Director General, Railway Protection Force, Railway Board, Rail Bhavan,New Delhi-110001.

2. The Deputy Inspector General, Railway Board, Rail Bhavan, New Delhi-110001.

3. The General Manager, O/o The General Manager, Southern Railway, Park Town, Chennai-600 003.

4.The Principal Chief Security Commissioner, Railway Protection Force, Southern Railway, Moor Market Complex, 6th Floor, Chennai-600 003.

5.The Divisional Security Commissioner, Railway Protection Force, Southern Railway,Trichirapalli-1.

+1 CC to M/s.S.MANOHAR, Advocate ( SR-10674[F] dated 08/03/2022 ) Cont. P(MD)No.1602 of 2019 in W.M.P.(MD)No.6399 of 2019 in W.P.(MD)No.8130 of 2019 04.03.2022 RD(25.03.2022) 3P 7C 3/3