Madras High CourtCONT P(MD)/1837/2019closed

D.S.Rathika v. Kolandaswamy

2022-02-24Honourable Mr Justice S.M. Subramaniam2 pages

Cont P.(MD)No.1837 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2020

CORAM:

THE HONOURABLE MR.JUSTICE M.S.RAMESH Cont P.(MD)No.1837 of 2019 in W.M.P(MD).No.19219 of 2019 in W.P(MD).No.22433 of 2019 D.S.Rathika ... Petitioner /Vs./ 1.Kolandaswamy, Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Chennai 600 006.

2.R.Rajmanohar, The Workshop Superintendent, Regional Workshop (Health), Office of the Workshop Superintendent, Tiruchirappalli.

... Contemnors PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to summon first and second respondents in the above writ petition and punish them for their wilful disobedience of the order passed by this Court in W.M.P(MD).No.19219 of 2019 in W.P (MD).No.22433 of 2019 on 23.10.2019 and stay extension order dated 06.11.2019.

Prayer in WMP(MD). 19219/ 2019 :

Writ Miscellaneous Petition is filed under Article 226 of the Constitution of India, to grant interim stay of the operation of the proceedings of the 1st respondent dt.14.9.2019 bearing reference No.R.No.53356/E4/S1/2019 dated 17.10.2019 bearing reference No.Na.Ka.No.1927/E/2019 pending disposal of the above WP and thus render justice.

Prayer in WP(MD). 22433/ 2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court for the issuance of Writ of Certiorarified Mandamus, Calling for the records from the 1st respondent relating to proceedings dated 14.9.2019 bearing reference No.R.No.53356/E4/S1/2019 read with the proceedings of the 2nd respondent dated 17.10.2019 bearing reference No.

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Cont P.(MD)No.1837 of 2019 Na.Ka.No.1927/E/2019 and quash the same as illegal, arbitrary, without jurisdiction and to consequently direct the respondents to continue the petitioner in the office of the 2nd respondent with all service benefit.

For Petitioner : Mr.S.Sarvagan Rabhu For Respondents : Mr.M.Jeyakumar Additional Government Pleader

ORDER

Recording the submission of the learned Additional Government Pleader that pursuant to the interim order of stay granted by this Court dated 23.10.2019, the Director of Public Health and Preventive Medicine, Chennai, has passed order dated 21.01.2020 keeping the transfer order issued to the petitioner in abeyance, the disobedience alleged by the petitioner cannot be termed as wilful in nature. Accordingly, this Contempt Petition stands closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) Rmk To

1. The Director of Public Health and Preventive Medicine, Office of the Director of Public Health and Preventive Medicine, Chennai 600 006.

2.The Workshop Superintendent, Regional Workshop (Health), Office of the Workshop Superintendent, Tiruchirappalli.

+1 CC to M/s.SPL.GP ( SR-4428[F] dated 03/02/2020 ) Cont P.(MD)No.1837 of 2019 31.01.2020 JMN(18.02.2020) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2