Madras High CourtCONT P(MD)/1846/2019closed

Mohan, v. D.Jaisankar, The Account General,

2020-01-31Honourable Mr Justice M.S. Ramesh2 pages

Cont P.(MD)No.1846 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.1846 of 2019 in W.P(MD).No.21759 of 2019 Mohan ... Petitioner/Petitioner /Vs./

1. D.Jaisankar, The Account General, Government of Tamil Nadu, Chennai-18.

2. P.Ramesh Kumar, The Treasury Officer, District Treasury, Trichy.

3. G.Malika, The Assistant Treasury Officer, Manachanallur, Trichy District.

... Contemnors PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1971, to punish the contemnors/respondents for their wilful disobedience of the order of the Court in W.M.P(MD).No.18505 of 2019 in W.P(MD).No.21759 of 2019 dated 16.10.2019. Prayer in WMP(MD)No.18505/2019 :

To Stay to he further operation of the impugned order in PEN 35/2/13508578/Rn/19-20 dated 22.08.2019 issued by the 1st respondent and subsequent impugned order issued by the 3rd respondent in Na.Ka.No.1205/2019/A1 dated 25.09.2019 pending disposal of the WP and thus render justice.

Prayer in WP(MD)No.21759/2019 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To call for the records of the impugned order in PEN 35/2/13508578/Rn/19-20 dated 22.08.2019 issued by the 1st respondent and subsequent impugned order issued by the 3rd respondent in Na.Ka.No.1205/2019/A1 dated 25.09.2019 and quash the same as illegal and consequently direct respondents to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont P.(MD)No.1846 of 2019 refund the deducted payments in respect of the September, 2019 for a sum of Rs.34,500/- to the petitioner.

For Petitioner : Mr.RM.Arun Swaminathan For Respondents : Mr.Gunasekaran Standing Counsel (for R1) Mr.Sethuraman Special Government Pleader (for R2 & R3)

ORDER

Recording the submission of the learned Special Government Pleader that pursuant to the interim order of stay granted by this Court, the monthly recovery has been stopped by the respondents and the same has also been communicated on 12.11.2019 to the petitioner herein, this Court is of the view that the disobedience alleged by the petitioner cannot be termed as wilful in nature. Accordingly, this Contempt Petition stands closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The Treasury Officer, District Treasury, Trichy.

2. The Assistant Treasury Officer, Manachanallur, Trichy District.

+1 CC to M/s.P.GUNASEKARAN, Advocate ( SR-4445[F] dated 03/02/2020) +1 CC to M/s.SPL.GP ( SR-4421[F] dated 03/02/2020) RMK TE : 18/02/2020 : 2P/5C Cont P.(MD)No.1846 of 2019 31.01.2020 https://hcservices.ecourts.gov.in/hcservices/ 2/2