Madras high court has set aside the order of a single judge who had convicted and sentenced former Madurai corporation commissioner Aneesh Sekhar for disobeying a court order.
A single judge had in October 2016 directed Madurai corporation to revise the inter-seniority list for the post of assistants and give promotion to a few people. Since the order was not complied with, a contempt petition was filed by a person. In March 2019, the court convicted and sentenced commissioner Sekhar to undergo simple imprisonment for one week and pay a fine of Rs 5,000 and in default, to undergo simple imprisonment for one week according to section 12 of the Contempt of Courts Act, 1971.
Challenging the order, Sekhar had filed the present appeal which was heard by a division bench of Justices N Kirubakaran and B Pugalendhi. The bench observed that the single judge’s order which passed in 2016 was subsequently modified by a division bench. “When the appellate court has passed a specific order and this court, by earlier order dated January 23, 2017, has closed the contempt petition, the re-opening of the contempt petition by the single judge and the consequential conviction under Contempt of Courts Act is bad in law,” observed the judges.
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The judges observed that the corporation had fixed the seniority list in accordance with the order of the division bench and hence the corporation had compiled with the order of this court. Allowing the contempt appeal, the court set aside the conviction and sentence awarded to Sekhar by the single judge.
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