IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.03.2017 CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.V.MURALIDARAN Cont.P.No.968 of 2016 1.S.Balakrishnan 2.C.R.Vijyan Nair 3.P.Ganesan ... Petitioners Vs.
1. Dr.Hasmuksh Adhia Secretary to Government, Ministry of Finance, Department of Revenue, North Block, New Delhi - 110 001.
2. Shri Karnal Singh, I.P.S., Director, Directorate of Enforcement, 6th Floor, Loknayak Bhavan, Khan Market, New Delhi - 110 003.
3. Shri Anil Ramteke Joint Director (Admn) Directorate of Enforcement 6th Floor, Loknayak Bhavan, Khan Market, New Delhi- 110 003.
4. Shri Sanjeev Srivastava Chief Controller of Accounts, Ministry of Finance, Department of Economic Affairs, Internal Audit Wing, 4th Floor, AGCWSM Building, New Delhi.
5. Shri.S.N.A.Shyamalan Pay and Accounts Office, Department of Revenue, Church Road, Central Secretariat Hutments, New Delhi - 110 001.
6. Shri K.S.V.Prasad I.R.S., Joint Director, Directorate of Enforcement, Government of India, Ministry of Finance, III Floor, 3rd Block, Shastri Bhavan, 26 Haddows Road, Chennai - 600 006. ... Respondents Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for willful disobedience of the order passed by this Court in W.P.No11535 of 2014 dated 16.10.2014.
For Petitioners : Mr.Akbar Row For Respondents : Mr.G.Rajagopal Assistant Solicitor General Assisted by Mrs.G.Hema
O R D E R
This Contempt Petition is filed by the petitioners in the writ petition in W.P.No.11535 of 2014 with a grievance that notwithstanding the order passed by this Court dated 16 October 2014, follow up action has not been taken by the respondents to give them the benefits including refund of the amount recovered from them.
2. During the currency of this contempt petition, the Assistant Director of Enforcement Directorate, passed an order dated 19 January 2017 granting financial upgradation to the petitioners pursuant to the order passed by this Court.
3. The learned counsel for the petitioners on receipt of a copy of the order dated 19 January 2017 and the related Corrigendum dated 20 January 2017 took time to verify as to whether the order has been complied with in its letter and spirit.
4. When the contempt petition was taken up for hearing today, the learned counsel for the petitioners filed an affidavit sworn to by the first petitioner, indicating that the respondents have complied with the order passed by this Court. The only grievance appears to be that the Bank has not made the payment, in spite of passing orders by the Central Pension Accounting Office way back on 28 February 2017.
5. The moot question in this contempt petition is as to whether the respondents have complied with the order passed by this Court.
6. The order dated 16 October 2014 has already been confirmed by the Hon'ble Supreme Court by order dated 31 August 2015. It was only thereafter the respondents have passed the order to give relief to the petitioners. The fact that the Bank has not paid the amount to the petitioners would not be a reason to keep the contempt petition pending. We are therefore of the view that the contempt petition deserves to be closed.
7. The contempt petition is closed on account of the subsequent events. We give liberty to the petitioners to approach the concerned Bank for early payment.
svki (K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 20th March 2017 To
1. Dr.Hasmuksh Adhia Secretary to Government, Ministry of Finance, Department of Revenue, North Block, New Delhi - 110 001.
2. Shri Karnal Singh, I.P.S., Director, Directorate of Enforcement, 6th Floor, Loknayak Bhavan, Khan Market, New Delhi - 110 003.
3. Shri Anil Ramteke Joint Director (Admn) Directorate of Enforcement 6th Floor, Loknayak Bhavan, Khan Market, New Delhi- 110 003.
4. Shri Sanjeev Srivastava Chief Controller of Accounts, Ministry of Finance, Department of Economic Affairs, Internal Audit Wing, 4th Floor, AGCWSM Building, New Delhi.
5. Shri.S.N.A.Shyamalan Pay and Accounts Office, Department of Revenue, Church Road, Central Secretariat Hutments, New Delhi - 110 001.
6. Shri K.S.V.Prasad I.R.S., Joint Director, Directorate of Enforcement, Government of India, Ministry of Finance, III Floor, 3rd Block, Shastri Bhavan, 26 Haddows Road, Chennai - 600 006.
K.K.SASIDHARAN,J.
and M.V.MURALIDARAN,J.
(svki) Cont.P.No.968 of 2016 20.03.2017 http://www.judis.nic.in