Madras High Court
Dr.G.Leonard Ponraj vs Dr.J.Radhakrishnan on 18 September, 2014
Author: R.Subbiah
Bench: R.Subbiah
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.09.2014 CORAM THE HONOURABLE MR. JUSTICE R.SUBBIAH CONT.P.No.1916 of 2014 Dr.G.Leonard Ponraj 110, Third Street, AK Swamy Nagar Kilpauk, Chennai - 10 . Petitioner Versus 1.Dr.J.Radhakrishnan Secretary to Government Health and Family Welfare Department Government of Tamil Nadu Chennai 9 2.Dr.S.Geethalakshmi The Director of Medical Education Kilpauk, Chennai 10 3.Dr.Tholkapian Associate Professor of Orthopedics Royapettah Government Hospital Royapettah, Chennai 600 014 ... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for having willfully disobeyed the order passed by this Court dated 27.02.2014 made in M.P.No.2 of 2014 in W.P.No.6375 of 2014. For Petitioners : Mr.A.Jenasenan For Respondent : Mr.V.Jayaprakash Narayanan Special Government Pleader ***** ORDER
The writ petition has been filed for issuance of writ of certiorarified mandamus to call for the records of the first respondent in the impugned G.O (D) No.229, Health and Family Welfare (A1) Department dated 26.02.2014, quash the same and to direct the first respondent to appoint the petitioner to the post of Associate Professor of Arthroscopy and Sports Injury in the upgraded separate medical unit of Arthroscopy and Sports Injury at the Government Royapettah Hospital, Chennai. The petitioner has also filed M.P.No.2 of 2014 seeking interim stay staying the operation of the impugned G.O (D) No.229, Health and Family Welfare (A1) Department dated 26.02.2014 and this Court granted interim stay as prayed for vide order dated 27.02.2014.
2. It is the case of the petitioner that on the very same day, advocate notice was sent along with the order copy by fax to the first respondent and when the notice was attempted to be effected on the second and third respondents, the fax could not be sent as the fax lines were switched off. However, on the very next day morning, a copy of the order along with advocate notice was sent by fax to the second and third respondents and thus, all the respondents were made aware of the order passed by this Court by the morning of 28.02.2014. However, in violation of the orders passed by this Court, the second respondent permitted the third respondent to join duty as Associate Professor in the Upgraded unit for Arthroscopy and Sports Injury in the Government Royapettah Hospital on 28.02.2014. After coming to know of the said action of the respondents, the petitioner's sent contempt notice through the counsel to all the respondents on 04.03.2014 and since no action has been taken to implement the order of this Court, the present contempt petition has been filed.
3. Today, when the matter is taken up for consideration, the learned Special Government Pleader submitted that the third respondent was re-transferred to his original position. The learned counsel for the petitioner also confirms the same.
4. Since the third respondent is transferred to his original position, now nothing survives in this contempt petition. Hence, recording the submission of the learned Special Government Pleader, the present contempt petition is closed.
18.09.2014 Index: Yes/No Internet: Yes/No gpa R.SUBBIAH.J., gpa CONT.P.No.1916 of 2014 18.09.2014