IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.8.2009 CORAM THE HON'BLE MR.JUSTICE M.JAICHANDREN Contempt Petition No.424 of 2006 & Review Application No.40 of 2006 R.Gopalakrishnan .. Petitioner in Cont.P.No.424 of 2006 Versus Mr.N.P.Rajan Assistant General Manager (PL) HO/Personnel Department Indian Bank, 66, Rajaji Salai Chennai-600 001 .. Respondent in Cont.P.No.424 of 2006 Rev Application No.40/2006 The Assistant General Manager (PL) HO/Personnel Department Indian Bank, 66, Rajaji Salai Chennai-600 001 .. Petitioner vs R. Gopalakrishnan .. Respondent Contempt Petition No.424 of 2006: Prayer: Petition under Section 10 and 12 of the Contempt of Courts Act, 70/71 seeking to punish the respondent for the wilful disobedience of the orders of this Court passed in W.P.No.1015 of 2006 dated 27.3.2006, and punish him under the provisions of the contempt of Courts Act. Review Application No.40 of 2006: Prayer: Review Application filed to review the order dated 27.3.2006 made in W.P.No.1015 of 2006. Petition presented under Article 226 of the constitution of India, to issue a writ of mandamus directing the respondents to consider the representations of the petitioner dated 22.04.1997, https://hcservices.ecourts.gov.in/hcservices/ 25.08.1998, 03.04.1999 and 09.03.2005 for the promotion from Clerical cadre to Officer cadre with effect from the year 1992 by applying the ratio laid down by Supreme Court in the case of Rs.Kandasamy Vs The Chief Engineer, Madras Port Trust reported in JT 1997 (7) S.C.660 in view of the fact that the community certificate issued to the petitioner, dated 23.11.1981 and 27.12.1983 by the Tahsildar, Madurai South are not cancelled. Contempt Petition No.424 of 2006: For Petitioner : No Appearance For Respondent : Mr.G.Venkataraman for Aiyar & Dolia Review Application No.40 of 2006: For Petitioner : Mr.G.Venkataraman for Aiyar & Dolia For Respondent : No Appearance C O M M O N O R D E R There is no appearance on behalf of the petitioner. Heard Mr.G.Venkataraman, the learned counsel appearing on behalf of the respondent. 2. This contempt petition has been filed to punish the respondent for his wilful disobedience of the order of this Court, dated 27.3.2006, made in W.P.No.1015 of 2006. 3. This Court by the order, dated 27.3.2006, made in W.P.No.1015 of 2006, had directed the respondent to consider the claim of the petitioner for promotion, without reference to the pendency of the proceedings for verification of his community certificate, within a period of four weeks from the date of receipt of a copy of the said order. 4. At the stage of the hearing of the contempt petition, the learned counsel appearing on behalf of the respondent had submitted that the District Level Vigilance Committee, authorised to verify the community certificate of the petitioner, had cancelled his community certificate, on 13.5.2007. Pursuant to the cancellation of the community certificate, the petitioner was dismissed from service, on 15.6.2007. The writ petition filed by the petitioner in W.P.No.22820 of 2007, challenging the cancellation of the community certificate, had been dismissed by a Division Bench of this Court, by its order, dated 25.9.2008. In such circumstances, the contempt petition is liable to be dismissed. https://hcservices.ecourts.gov.in/hcservices/ 5. In view of the submissions made by the learned counsel appearing on behalf of the respondent, the contempt petition stands closed. No costs. 6. The learned counsel appearing on behalf of the petitioner in Review Application No.40 of 2006 had submitted that in view of the order of the Division Bench of this Court, dated 25.9.2006, made in W.P.No.22820 of 2007, the review application may be dismissed as not pressed. He has also made an endorsement to that effect. 7. In view of the endorsement made on behalf of the petitioner, the Review Application stands dismissed as not pressed. No costs. Consequently, connected W.P.M.P.No.1 of 2006 is closed. Lan Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To: Mr.N.P.Rajan Assistant General Manager (PL) HO/Personnel Department Indian Bank, 66, Rajaji Salai Chennai-600 001 Contempt Petition No.424 of 2006 & Review Application No.40 of 2006 JRG(CO) SR/2.9.2009 https://hcservices.ecourts.gov.in/hcservices/