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The Result: In the result, these contempt appeals are partly allowed and are disposed of on the following terms: The unconditional apology tendered by the appellants is accepted; The sentence of imprisonment and fine imposed vide order dated 02.08.2023 in CONT.P(MD)No.374 of 2020 is set aside; The undertaking of payment of interest at the rate of 6% p.a., on Rs.1,38,486/- from 05.08.2019 till 28.07.2023 forthwith on receipt of the copy of this order is recorded; No costs; Consequently, connected miscellaneous petitions are closed. (S.S.S.R.,J.) (D.B.C.,J) 25.09.2023 sji NCC : Yes / No Index:Yes/No Index:Yes/No Note : It can be seen in this case, when no ground existed for review, an opinion was rendered to file a review and ultimately it was not filed. When an observation was made that the Order passed was prima facie contemptuous, a contempt appeal is filed, when there is no punishment so as to maintain an appeal under section 19 of the Contempt of Courts Act and when there is no ‘judgment’ determining the rights of parties even to maintain an appeal under clause 15 of the letters patent. Hence, a copy of this order shall be marked to the Learned Advocate General for his consideration. S.S.SUNDAR, J. AND D.BHARATHA CHAKRAVARTHY,J. sji To 1.Pradeeph Yadav, I.A.S., The Secretary, to the State of Tamil Nadu, Department of School Education, Fort. St. George, Chennai-600 009. 2.Muthupalanichamy, The Director of Teacher Education Research and Training Education, DPI Campus, College Road, Chennai-600 009. 3.Boobala Anto, The Principal, District Institute of Education and Training Munanjipatti, Tirunelveli District. CONT.A(MD)Nos.8 and 9 of 2023 25.09.2023
by Sekar Reporter · Published October 10, 2023
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service-tax-notice-pay-recovery-employer-employee-madras-hc/46204/
by Sekar Reporter · Published January 30, 2020
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https://x.com/sekarreporter1/status/1734882150892384712?t=bD9mCYbg3xW9BIU7FCFZCQ&s=08 For the foregoing discussions and observations, in order to fill up the lacuna committed by the Disciplinary Authority, we are constrained to interfere with the order. Accordingly, this Writ Petition is allowed and the matter is remitted to the Disciplinary Authority to rectify the defects from where it had happened, viz., to forward the enquiry report, call for objection from the delinquent and thereafter, decide as to whether the charges are established or not and take a decision depending upon the satisfactory explanation given by the petitioner. Normally, we would have exercised our discretion and straightaway modified the punishment in terms of the judgment of Apex Court in the case of Union of India and others vs. P.Gunasekaran (supra), if it shocks our conscience and also taking note of the fact that more than 10 years have gone by from the date of issuance of charge sheet, this is not a fit case to exercise such discretion. Since we set aside the order of the learned Single Judge, she may be put back to her original position. However, as she was dismissed from service and only now we set aside the order of dismissal, the period was to be treated as without employment and she may be treated to be under suspension from today and be paid accordingly. In view of the judgment of the Supreme Court in the case of Managing Director, ECIL, Hyderabad and others vs. Karunakar and others, the petitioner is not entitled to any backwages for the present till a decision is taken by the Disciplinary Authority based on the order of this remand. No costs. Consequently, connected miscellaneous petition is closed. (S.V.N.J.,) (K.R.S,J.,) 10.11.2023 Speaking order/Non-speaking order Index: Yes / No Internet: Yes / No ar S.VAIDYANATHAN,J. and K.RAJASEKAR,J. ar PRE-DELIVERY ORDER IN W.P.No.31125 of 2022 10.11.2023Petitioner : Mr.M.Radhakrishnan For Respondents : Mr.Ayyadurai, Senior Counsel For Mr.Durai Eswar ***** O R D E R (By S.VAIDYANATHAN,J.)
by Sekar Reporter · Published December 13, 2023