The Hindu : Tamil Nadu News : Madurai Bench ruling on contempt proceedings

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Tuesday, Aug 14, 2007
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Tamil Nadu

Tamil Nadu

Madurai Bench ruling on contempt proceedings

Staff Reporter

MADURAI: Delay in complying with court orders owing to insufficient details about the case cannot be considered as wilful disobedience, the Madurai Bench of the Madras High Court has ruled.

Justice K. Chandru passed the ruling while dismissing a contempt of court application filed by two teachers of a Government-aided school at Aruppukottai against T. Gopalsamy, District Elementary Educational Officer (DEEO), Virudhunagar.

Delving into the background of the case, the Judge said that there was a dispute between two groups over taking control of the school and a civil suit was instituted in 2004.

It was referred to a Lok Adalat where a compromise was struck between the parties.

The District Educational Officer was not a signatory to the compromise memo though he was included as a defendant in the suit.

On the strength of the compromise memo, the teachers filed two writ petitions before the High Court and obtained a direction in September 2006 to grant approval to their appointment as secondary grade teachers within four weeks.

But, the DEEO replied that he could comply with the High Court orders only after obtaining the copy of the compromise memo and ensuring that new office-bearers had been elected for the school in terms of the compromise.

Nothing wrong

Agreeing with the stand taken by the DEEO, Justice Chandru said that the compromise memo stipulates various conditions including the procedure for electing new office-bearers.

“Under the circumstances, there was nothing wrong on the respondent informing about his inability to take action in the absence of (requisite) materials,” he added.

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