IN THE HIGH COURT OF JUDICATURE AT MADRAS

(Contempt Original Jurisdiction)

Contempt Petition No. of 2024

In
W.P.No. 24742 of 2013

P.Rajendran,
Son of Perumal,
B.T. Assistant,
Govt Higher Secondary School,
Thumbur,
Villupuram District. …Petitioner/Petitioner
-Versus-
1. Mr. R. Arivazhagan
The Chief Educational Officer,
Villupuram …Respondents/Respondents

AFFIDAVIT FILED BY THE PETITIONER

I, P. Rajendran, Son of Perumal Hindu, Aged 60 years, residing at No.36 ,

Gopal Nagar, Pathirikuppan, and Post 607 401, Cuddalore District,
having now temporarily come down to Chennai, do hereby solemnly
affirm and sincerely state as follows:-

1. I submit that I am well aware of the facts and circumstances of the

case.
2. I submit that I was appointed as Supervisor in Adult Education
through Employment Exchange, on 18.06.1979. I was therefore
promoted as Assistant Project Officer, Adult Education on
30.06.1986, Due to the abolition of Adult Education wing, I was
transferred and posted as B.T.Assistant in Govt. Higher Secondary
School, Ramapuram, Cuddalore District in the year 1993
(04.02.1993). Ever since the date of my entry into service, I had
been rendering sincere and efficient service.
3. I submit that while I was serving as B.T Assistant in Govt. Higher
Secondary School, Ramapuram, Cuddalore District, I was placed
under Suspension in and by Pro.Na.Ka.No.8513/B1/96 dated
19.07.1996 of the third respondent herein subsequently, The
Director of School Education Chennai, I his
Pro.Na.Ka.No.74247/C3/96 dated 04.02.1997, initiated
proceedings under Rule 17(b) of the Tamil Nadu Civil Services (D &
A) Rules with regard to my absence from duty from 05.10.1995 till
14.03.1996 I submitted my explanation, yet my suspension was
revoked.
4. Subsequently another Charge Memo was Issued on 07.12.1999 for
similar delinquency for which I submitted my explanation dated
19.03.2000, An enquiry officer was appointed and based on
enquiry report further explanation was called for on 18.06.2003.
Thereafter by Pro.Na.Ka.No.139641/C5/C2/99 dated 04.08.2005
another charge memo was issued under Rule 17(b) of the rules for
my absence from 16.11.1999 to 25.05.2004. I was directed to
appear before the Medical Board, Cuddalore District which
examined me and opinioned that my absence could not be treated
as medical leave and issued fitness certificate on 15.07.04 to rejoin
duty. I submitted my explanation dated 12.10.2005 explaining the
reasons for my absence and requesting to relieve me on Voluntary
Retirement from service. The Chief Educational Officer, Villupuram,
was appointed as Enquiry Office and he submitted his report dated
12.6.2006, rendering his findings that the Charge had been proved.
A copy of the same was furnished to me and I was informed in
Pro.Na.Ka.No.139641/C2/E3/99 dated 27.3.2007 of the second
Respondent that it was proposed to impose the penalty of removal
 from service on me and called upon me to submit my explanation. I
submitted my reply dated 17.4.2007 to the second show cause
dated 27.3.2007 and no final order has been passed thereon.
5. Subsequently, I submitted an application dated 1.6.2004 to the
second Respondent for Voluntary Retirement from service from
31.8.2004 A.N. All the required particulars in the prescribed format
were furnished. By Pro.Na.Ka.No. 84239/C5/C18/04 dated
15.9.2004, the second Respondent declined permission for
Voluntary Retirement on the ground that disciplinary proceedings
initiated on 07.12.1991 was pending against me.
6. I humbly submit that no final order has been passed in the above
three disciplinary proceedings initiated under Charge Memos dated
04.02.1997, 07.12.1999 and 04.08.2005 till date even though
enquiry was over and further representations submitted by me on
enquiry reports.
7. In the meantime, I attained the age of superannuation and
completed 58 years of age on 30.09.2011 A.N. No order was passed
permitting me to retire from service nor were any orders of
suspension and not permitting me to retire and retaining me in
service issued. In the absence of any such orders, I must be
deemed to have retired from service on 30.09.2011 with all
consequential benefits and the disciplinary proceedings pending as
on 30.09.2011 must be deemed to have abated or dropped.
8. In the above circumstance I was constrained to file Writ Petition
No. 24742/2023 before the Hon’ble High Court of Madras and this
Hon’ble Court on 10.08.2023 was pleased to issue direction to the
Respondents in this regard and the operative portion of the order
reads as follows:
 “4.... Hence, all the charge memos cannot be sustained and the
same are liable to be quashed. Accordingly, the impugned
charge memos dated 04.02.1997, 07.12.1999 and 04.08.2005
are quashed. The petitioner is permitted to retire from the date
of his request for voluntary retirement i.e., 01.06.2004 Till
that date, the period of absence may be considered as ‘leave
without pay’ and the same can be considered for his terminal
benefits and pension. The third respondent is directed to
disburse all monetary benefits to the petitioner within a period
of sixteen weeks from the date of receipt of copy of this order”.
The certified copy of the order was obtained by me on and the same
was communicated to the Respondent. I submit that even after the expiry
of the time period, the Respondent has failed to comply with the
directions issued by this Hon’ble High Court. Due to the non-compliance
of the above order dated 10.08.2023, a Contempt Notice dated
04.02.2024 was issued to the Respondent and the Petitioner has
received no reply from the Respondent till date.
9. I further submit that the inaction of the Respondent in complying
with the lawful orders passed by the Hon’ble High Court is evident
from the fact that the orders were passed in the presence of the
Respondent Counsel who had taken notice on behalf of the
Respondents and even after receiving the notice issued by the
Petitioner dated 04.02.2024, the Respondent has not bothered to
even give a proper reply to the contempt notice. I further submit
that the Respondent has committed contempt willfully disobeying
the order of this Hon’ble High Court in spite of sufficient notice and
time frame granted by the Hon’ble High Court.
10. The Respondent, who is fully aware of the direction of this
Hon’ble court, is not willing to comply with the same thereby
rendering to be punished under Section 12 of the Contempt of
Courts Act.
 In the above circumstances, it is most humbly prayed that this
Hon’ble Court may be pleased to punish the Respondent under Sections
11 & 12 of the Contempt of Courts Act for disobeying the lawful Orders
of this Hon’ble High Court, in W.P.No. 24742 of 2013 dated 10.08.2023
and pass such further or other orders as this Hon’ble Court may deem fit
and proper and thus render Justice.

Solemnly affirmed at Chennai, BEFORE ME,

this the day of March,
2024 and signed his name in
my presence. ADVOCATE, CHENNAI
 IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Contempt Original Jurisdiction)

Contempt Petition No. of 2024

In
W.P.No. 24742 of 2013

P.Rajendran,
Son of Perumal,
B.T. Assistant,
Govt Higher Secondary School,
Thumbur,
Villupuram District. …Petitioner/Petitioner
-Versus-
1. Mr. R. Arivazhagan
The Chief Educational Officer,
Villupuram. …Respondents/Respondents

PETITION UNDER SECTION 11 & 12 OF CONTEMPT OF COURTS

ACT

For the reasons stated in the accompanying affidavit, it is most

humbly prayed that this Hon’ble Court may be pleased to punish the
Respondent under Sections 11 & 12 of the Contempt of Courts Act for
disobeying the lawful Orders of this Hon’ble High Court, in W.P.No.
24742 of 2013 dated 10.08.2023 and pass such further or other orders
as this Hon’ble Court may deem fit and proper and thus render Justice.

Dated at Chennai on this the ____ day of March, 2024

COUNSEL FOR PETITIONER

 IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Contempt Original Jurisdiction)

Contempt Petition No. of 2024

In
W.P.No. 24742 of 2013

P.Rajendran,
Son of Perumal,
B.T. Assistant,
Govt Higher Secondary School,
Thumbur,
Villupuram District. …Petitioner/Petitioner
-Versus-
1. Mr. R. Arivazhagan
The Chief Educational Officer,
Villupuram.. …Respondents/Respondents

INDEX TO TYPED SET OF PAPERS

S.No. DATE DOCUMENTS PG No.

1. .03.2024 Coding Sheet
2. .03.2024 Contempt Petition
3. .03.2024 Affidavit
4. 10.08.2023 Order passed in W.P No.
24742 of 2013

ADDITIONAL DOCUMENTS
5. .07.2013 Affidavit filed in W.P No.
24742 of 2013
6. .07.2013 Writ Petition filed in W.P
No. 31262 of 2022
7. 04.02.2024 Contempt Notice Issued by
the Petitioner to the
 Respondent
8. Vakkalathnama

//Certified that all the above enclosed documents are true copies of their
respective originals//

Dated at Chennai on this the ____ day of March, 2024

COUNSEL FOR PETITIONER

 IN THE HIGH COURT OF
JUDICATURE AT MADRAS
(Contempt Original Jurisdiction)

Cont. Petition No. of 2024

in
W.P No. 24742 of 2013

INDEX TO TYPED SET OF

PAPERS

M/s. M. RAVI (E.No.617/89)

PRIYA RAVI (E.No.725/92)
P. KUMARAVEL (E. No. 721/15)
R. APOORVA (E. No. 3646/19)
I. KABILAN (E. No. 6144/21)
T. SUBHIKSHA (E. No. 700/2022)
FATHIMA HUSSAIN (E. No. 6461/23)
S. AISHA FARVEEN (E. No. 8081/23)

COUNSELS FOR PETITIONER

9791077375