1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Thursday, the Seventh day of February Two Thousand and Thirteen PRESENT THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM CONT.P(MD)NO.483 OF 2011 IN WP(MD)NO.584 OF 2010 G.RAJAMANI ... PETITIONER/PETITIONER -VS- DR.S.KARUTHIAH PANDIAN I.A.S., SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, CHENNAI – 600 009. ... 1st RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to punish the respondent for his wilful and deliberate disobedience to the orders of this Court dated 21.03.2011 in WP.No.584 of 2010. Prayer in WP.No.584 of 2010:- Petition filed under Article 226 of the Constitution of India praying for the issuance of WRIT OF CERTIORARIFIED MANDAMUS to call for the records of the second respondent relating to Na.Ka.No. 78406/2002/F-1 dated 27.11.2002 and quash the same and consequently direct the first and second respondents to make payment of pension and other retirement benefits to the petitioner within specified time frame that may be fixed by this Honourable Court. ORDER : This petition coming for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.S.VISVALINGAM, Advocate for the petitioner, and of MR.B.PUGALENDHI, Special Government Pleader for the respondent, this Court made the following order:- This Contempt Petition has been filed alleging wilful disobedience of the order and direction issued by this Court in WP(MD)No.584 of 2010, dated 21.03.2011. The operative portion of the order reads as follows:- “2. Though the present Writ Petition was filed challenging the charge memo issued to the petitioner by the second respondent, dated 27.11.2002, the learned counsel appearing for the petitioner submitted that since the Enquiry Officer has already filed a report stating that the charges have not been proved and the second respondent has communicated the said report to the first respondent, the first respondent could be directed to pass final orders within a reasonable time fixed by this Court. 3. Considering the said submission made by the learned counsel appearing for the petitioner and also considering the fact the enquiry against the petitioner has ended and the report has been filed by the Enquiry Officer stating that the charges against the petitioner was not proved and the second respondent has communicated the said report to the https://hcservices.ecourts.gov.in/hcservices/ 2 first respondent, I direct the first respondent to pass final orders in pursuant to the charge memo issued to the petitioner at the earliest, in any event, within a period of one month from the date of receipt of a copy of this order.” 2. From th order sheet, it is seen that the case was adjourned from time to time and today when the matter came up is taken up, learned Special Government Pleader seeks further time to comply with the orders passed by this Court in the Writ Petition since the Enquiry Officer who was appointed to enquire into the charges framed against the petitioner submitted a report stating that the charges are not proved. However, the disciplinary authority discharged the finding of the Enquiry Officer and second show cause notice was issued to the petitioner on 09.01.2013 and the petitioner has also submitted his reply on 22.01.2013 which has been received by the first respondent on 23.01.2013 vide postal acknowledgement. Therefore, the only thing which remains to be done is the disciplinary authority has to pass final orders. 3. Learned Special Government Pleader submits that the genuine difficulty in finalising the matter is that since the audit has raised an objection stating that the petitioner has misappropriated certain amount in respect of certain functions which were performed by the petitioner while he was the Municipal Engineer. Considering the fact that several years have passed and the matter has not been reached fianlity, by way of last indulgence, one month further time is granted to the respondents to pass final orders. 4. Post the matter after six weeks. sd/- Deputy Registrar (Writs) /True Copy/ Assistant Registrar To 1. DR.S.KAERUTHIAH PANDIAN I.A.S., SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT, SECRETARIAT, CHENNAI – 600 009. 2. THE COMMISSIONER OF MUNICIPAL ADMINISTRATION, CHEPAUK, CHENNAI – 600 005. ORDER IN CONT.P(MD)No.483 of 2011 Dated : 07/02/2013 RJ/13.2.13 2p/3c https://hcservices.ecourts.gov.in/hcservices/