Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 CON.CASE(C) NO. 958 OF 2021 AGAINST THE ORDER IN WP(C) 10911/2021 OF HIGH COURT OF KERALA, ERNAKULAM PETITIONER/PETITIONER: R.NAGARAJAN AGED 57 YEARS,S/O.V.RAMASWAMY PILLAI, 4, SUMAITHANKI STREET, VADIVEESWARAM, NAGERCOIL 629 002 BY ADV.HARI KUMAR G NAIR RESPONDENTS/RESPONDENTS NO.2&3: 1 JOHN THOMAS AGED ABOUT 59 YEARS, FATHERS NAME NOT KNOWN TO THE PETITIONER, THE GENERAL MANAGER, SOUTHERN RAILWAY HEADQUARTERS OFFICE, PARK TOWN P.O., CHENNAI 660 003 2 MR.SIDHARTH K. VARMA AGED 29 YEARS, S/O.P.N. KRISHNA VARMA, THE DIVSIONAL PERSONNEL OFFICER, SOUTHERN RAILWAY, TRIVANDRUM DIVISION, TRIVANDRUM 695 584 BY ADVS. SUMATHY DANDAPANI (SR.) SRI.A.DINESH RAO, SC, RAILWAYS THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Cont. Case (C) No.958/21 -:2:-
JUDGMENT
Dated this the 30th day of July, 2021 This contempt case is filed alleging violation of the order dated 30.4.2021 issued by this Court. It is alleged that even though this Court had stayed the operation and implementation of Ext.P6 for a
period of six weeks, within two days thereafter, Annexure-A2 order
was issued by the 2nd contemnor, even after becoming aware of the
order of this Court.
2. Pursuant to the notice issued to the 2 nd contemnor, a
counter affidavit has been filed. It is mentioned in the said counter affidavit that Annexure-A2 order was issued without becoming aware about the order of this Court. While denying the averments in the contempt petition, it was pointed out that the cause list for the said day, produced as Annexure R2(a), had not shown the name of the Standing Counsel. It is further seen averred in the counter affidavit that even though there was no conscious action on the part of the 2 nd contemnor to defy this Court's order, on getting instructions from the Counsel, the order, which is alleged to be the cause of action for the contempt, has been withdrawn. Cont. Case (C) No.958/21 -:3:- Having regard to the fact that the order treated as the reason for this contempt case has been withdrawn, this Court is of the view that the contempt petition need not be proceeded further. Accordingly, this contempt case is closed. Sd/- BECHU KURIAN THOMAS JUDGE vps Cont. Case (C) No.958/21 -:4:- APPENDIX PETITIONER'S/S' ANNEXURES Annexure A1 CERTIFIED COPY OF THE ORDER DATED 30.4.2021 IN WRIT PETITION (CIVIL) NO.10911 OF 2021 PASSED BY THIS HON'BLE COURT Annexure A2 A TRUE COPY OF ORDER NO.ERS 50 DATED 2.5.2021 ISSUED IN RESPECT OF C.S.SURESH (WITHOUT ENCLOSURE) RESPONDENT'S/S' ANNEXURES ANNEXURE R2(a) A TRUE COPY OF THE PAGE 1 AS WELL AS PAGE 14 OF THE CAUSE LIST DATED 30.4.2021 ANNEXURE R2(b) A TRUE COPY OF THE PROMOTION CANCELLATION LETTER ANNEXURE R2(c) TRUE COPY OF THE CORRIGENDUM