K H ESWARAN Vs. S MANI

JUDGEMENT

(1.) THE above contempt petition has been filed to punish the respondent Contemnor for willful disobedience of the order of this Court, dated 21. 11. 2003, made in W. P. No. 33650 of 2003.

(2.) IT is stated by the petitioner that he has been serving as an Assistant Manager in Kotagiri Cooperative Urban Bank Limited. Charges had been framed against the petitioner for the alleged misconduct of misappropriation of funds. Therefore, a domestic enquiry had been ordered. In spite of the objections raised by the petitioner, an ex parte enquiry had been conducted against him. However, the report of the enquiry officer had not been served on the petitioner. A notice had been served on the petitioner proposing to remove him from service. The petitioner had filed a writ petition in W. P. No. 33650 of 2003, challenging the notice stating that the show cause notice served on the petitioner was vitiated since the enquiry conducted against him was illegal as the principles of natural justice had not been followed and it had been conducted without giving him an opportunity to contest his case.

(3.) IT is further stated that this Court had disposed of the writ petition directing the respondent herein to defer the punishment till the objections raised by the petitioner were considered and decided. The respondent was also directed to serve the order of the enquiry officer, dated 6. 11. 2003, on the petitioner and also to grant the petitioner two weeks time from the date of the receipt of a copy of the enquiry report to file his explanation. Though the petitioner had sent a letter, on 27. 11. 2003, requiring the respondent to comply with the order, there was no response from the respondent. Thereafter, the petitioner had sent a reminder by his letter, dated 29. 1. 2004. However, without complying with the order passed by this Court, the respondent had served a letter, dated 30. 1. 2004, on the petitioner directing him to pay Rs. 5,91,975. 60/ -.