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Madras High Court

Dr.T.Shanmuganathan vs Smt.B.Yamuna Devi I.R.S on 18 August, 2025

Author: D.Bharatha Chakravarthy

Bench: D.Bharatha Chakravarthy

                                                                                 Cont.P.Nos.2682 to 2694 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED: 18.08.2025

                                                          CORAM:

                   THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY

                                           Cont.P.Nos.2682 to 2694 of 2025

                  Dr.T.Shanmuganathan                                            ... Petitioner in all Cont.P.

                                                               Vs
                  Smt.B.Yamuna Devi I.R.S.
                  The Adjudicating Authority,
                  Office of the Competent Authority (SAFEM (FOP) A & NDPSA)
                  Shastri Bhavan, New Building Complex,
                  4th Floor, No. 26, Haddows Road, Nungambakkam,
                  Chennai – 600 006.
                                                             ... Respondent in all Cont.P.
                  Prayer in Cont.P.No.2682 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33170 of 2024.


                  Prayer in Cont.P.No.2683 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33188 of 2024.


                  Prayer in Cont.P.No.2684 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated


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                                                                               Cont.P.Nos.2682 to 2694 of 2025

                  25.03.2025 of this Court passed in W.P.No.33183 of 2024.


                  Prayer in Cont.P.No.2685 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33178 of 2024.


                  Prayer in Cont.P.No.2686 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33175 of 2024.


                  Prayer in Cont.P.No.2687 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33193 of 2024.


                  Prayer in Cont.P.No.2688 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33187 of 2024.


                  Prayer in Cont.P.No.2689 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33181 of 2024.


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                                                                                  Cont.P.Nos.2682 to 2694 of 2025



                  Prayer in Cont.P.No.2690 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33177 of 2024.


                  Prayer in Cont.P.No.2691 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33185 of 2024.


                  Prayer in Cont.P.No.2692 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33184 of 2024.


                  Prayer in Cont.P.No.2693 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33186 of 2024.


                  Prayer in Cont.P.No.2694 of 2025: Contempt Petition filed under Section 11
                  of Contempt of Courts Act, 1971, pleased to issue notice to the respondent and
                  punish the respondent for having committed contempt of the order dated
                  25.03.2025 of this Court passed in W.P.No.33182 of 2024.
                                   For Petitioner  : Mr.Pachaiyappan ( in all cases)
                                   For Respondents : Mr.A.R.L.Sundaresan

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                                                                                  Cont.P.Nos.2682 to 2694 of 2025

                                                         Additional Solicitor General of India
                                                         assisted by Mrs.M.Sheela and Mr.H.Siddarth
                                                         Standing Counsel ( in all cases)

                                                  COMMON ORDER

These batch of contempt petitions have been filed alleging willful disobedience of the order of this Court dated 25.03.2025 passed in W.P.Nos.33170, 33188, 33183, 33178, 33175, 33193, 33187, 33181, 33177, 33185, 33184, 33186, 33182 of 2024.

2. Mr.Pachaiyappan, the learned counsel appearing on behalf of the petitioner would submit that even though this Court by the aforesaid order directed the respondent to permit cross-examination by the learned counsel appearing on behalf of the petitioner in the writ petition, still, in spite of the order, no proper opportunity of cross-examination was given. Some of the questions were reworded by the authority themselves and many times the witnesses were prompted and cut short by the authority and at one point of time, the cross-examination was abruptly stopped and even the counsel was termed to be reckless and was ordered to leave the office of the respondent. If the CCTV footages are produced before this Court, the same would show the willful disobedience of the order by the respondent. 4/8 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/08/2025 01:34:21 pm ) Cont.P.Nos.2682 to 2694 of 2025

3. Per contra, Mr.A.R.L.Sundaresan, the learned Additional Solicitor General of India appearing on behalf of the respondent would submit that due opportunity for cross-examination was given as per the directions of this Court dated 25.03.2025 and that they have also availed the opportunity and the cross-examination is being done. In any event, aggrieved by the process, they had also filed subsequent Writ Petition Nos.25877 of 2025 batch etc., and by judgment dated 16.07.2025, this Court had observed that in respect of the shortcomings complained of by the petitioner, it will be open for him to challenge the ultimate orders that are passed on the ground of not granting proper opportunity to him to cross-examine.

4. He would submit that, once again, this contempt petition is filed to virtually undo the said order that was passed on 16.07.2025. With reference to the CCTV footage that is prayed for by the learned counsel appearing for the petitioner, the learned Additional Solicitor General of India would submit that normally the footages will not be available at this distant point of time and if any footage is available as on today, the same can be preserved. A detailed reply with reference to the alleged shortcomings was also issued by the respondent authorities. According to the learned Additional Solicitor General of India, due opportunity as directed by this Court was given. 5/8 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/08/2025 01:34:21 pm ) Cont.P.Nos.2682 to 2694 of 2025

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. As rightly pointed out on behalf of the respondents, when the petitioner had also filed W.P.Nos.25877 of 2025 dated 16.07.2025 complaining that no proper opportunity as directed by this Court was given to them and the Court has categorically given them liberty to raise that issue of not granting proper opportunity to cross-examine while challenging the final orders that are passed in the appeal or in any other proceedings, once again, no orders to the contrary can be passed in the present contempt petition. Therefore, keeping open the liberty of the petitioner to raise the ground as directed by the order dated 16.07.2025 in W.P.No.25877 of 2025, these contempt petitions stand closed. No costs.

7. If the CCTV footages that are prayed for relating to the hearings dated 20.05.2025 and 03.06.2025 are available as on today, without awaiting the certified copy of the order, the respondent shall preserve the same, if they are available as on today, in case the concerned appellate authority or any other authority dealing with the final order deems it necessary to summon the 6/8 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/08/2025 01:34:21 pm ) Cont.P.Nos.2682 to 2694 of 2025 footages for examination.

18.08.2025 Neutral Citation: Yes/No nsl To The Adjudicating Authority, Office of the Competent Authority (SAFEM (FOP) A & NDPSA) Shastri Bhavan, New Building Complex, 4th Floor, No. 26, Haddows Road, Nungambakkam, Chennai – 600 006.

D.BHARATHA CHAKRAVARTHY, J.

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