R. Mourougane v. Ashwani Kumar, I. A. S. , Chief Secretary to Government, Government of Puducherry, Puducherry
2021-12-21
M.DHANDAPANI
body2021
DigiLaw.ai
JUDGMENT :- (Prayer: Contempt Petition filed under Sections 11 and 12 of the Contempt of Courts Act to punish respondents 1 to 3 for contempt of court for wilful disobedience and deliberate non-compliance/violation of the order dated 18.11.2020 passed by this Hon’ble Court in W.P. No.2606 of 2014.) 1. Alleging that the order dated 18.11.2020 passed in W.P. No.2606 of 2014 has not been complied with, the present contempt petition is filed. 2. Initially, this matter was listed on 1.10.2021 and there being no appearance on behalf of the contemnors, statutory notice was issued and pursuant to the issuance of the statutory notice, the contemnors appeared before this Court on 29.10.2021. 3. On 29.10.2021, when the matter was taken up for hearing, it was brought to the notice of this Court to inspite of the direction issued by this Court to consider the name of the petitioner for promotion to the post of Mechanic, if he is found eligible for the said post, the respondent had rejected the request of the petitioner. It was further submitted on behalf of the petitioner that one Tirusakthi Murugan, the Head of the Department of Electronics & Instrumentation Engineering, during a telephonic conversation, had not only abused the petitioner, but had even abused this Court in filthy language for which the petitioner had filed complaint before the Principal Chief Secretary, Lieutenant Governor and Secretary to Education. 4. In view of the allegations raised above against one Tirusakthi Murugan, Head of the Department of Electronic & Instrumentation Engineering, this Court directed the 2nd respondent to conduct an enquiry to find out whether the said individual had abused the High Court and to file a report in this regard before this Court on 26.11.2021. 5. When the matter is taken up for hearing, learned Government Pleader (Pondy) submitted that the order passed by this Court has been complied with. The said statement made by the Government Pleader relating to compliance of the order passed by this Court is recorded and the respondents are purged from the act of contempt. 6. Further, in compliance with the order dated 29.10.2021, the 2nd respondent has since conducted the enquiry, as ordered by this Court and has submitted his report.
The said statement made by the Government Pleader relating to compliance of the order passed by this Court is recorded and the respondents are purged from the act of contempt. 6. Further, in compliance with the order dated 29.10.2021, the 2nd respondent has since conducted the enquiry, as ordered by this Court and has submitted his report. A perusal of the report submitted by the 2nd respondent reveals that both the petitioner and the said Tirusakthi Murugan, Head of the Department of Electronics & Instrumentation Engineering were directed to appear for the enquiry and, accordingly both of them appeared and they were enquired separately. 7. The report further reveals that while the petitioner reiterated what has been stated in the affidavit relating to the whatsapp message and the call between the petitioner and Tirusakthi Murugan and the abusive words used by the said Tirusakthi Murugan against the petitioner as also the High Court and in this regard, a CD containing the purported conversation between the petitioner and Tirusakthi Murugan was placed before the 2nd respondent. 8. When the said Tirusakthi Murugan was questioned, the allegations relating to usage of abusive words against the petitioner as also the High Court was placed before him and the CD was played before him and the said Tirusakthi Murugan accepted both the whatsapp message as also the conversation between him and the petitioner and accepted that the voice in the CD is that of the said Tirusakthi Murugan and the conversation and the facts that were spoken during the said conversation was also accepted. 9. The report further reveals that a note in writing was submitted by the said Tirusakthi Murugan before the 2nd respondent in which the said Tirusakthi Murugan had stated that the Principal of the College never instigated him to target anybody. The submission further reveals that Hon’ble Vice President had a program to visit Puducherry and the said Tirusakthi Murugan was made the supervisory officer in relation to the program of the Hon’ble Vice President to the College and in this regard, a whatsapp group was created in which the petitioner was also one of the person and to certain details called for by the said Tirusakthi Murugan on 11.9.2021 at 9.12 p.m., the petitioner had responded only at 3.09 p.m. On 12.9.21. which had resulted in Tirusakthi Murugan using unparliamentary words against the petitioner.
which had resulted in Tirusakthi Murugan using unparliamentary words against the petitioner. However, this Court is not concerned with the said allegation. 10. In the conversation that is said to have taken place on 12.9.21 between the petitioner and Tirusakthi Murugan, an abusive word was used against the High Court. When the said CD and also the conversation was put to the said Tirusakthi Murugan, he confessed that he had used the particular word against the Hon’ble High Court, but that it was due to provocation caused on account of the background reasons as mentioned in his submissions dated 15.11.2021. The said Tirusakthi Murugan had also further submitted that it was not with any intent of blaming or defaming the Hon’ble High Court or its decisions, the said word was used in a fit of anger and frustration and out of the provocation caused. 11. The report, in which two allegations have been framed against the said Tirusakthi Murugan, have been concluded to be proved by the 2nd respondent. 12. In this backdrop, this Court has to see whether the act of the said Tirusakthi Murugan has undermined the prestige and respect, which the Constitutional Court commands and whether the act of the said Tirusakthi Murugan warrants any action, suo motu, by this Court. 13. It is borne out by record that the said Tirusakthi Murugan is not a novice, who is not aware of the prestige and the respect which the Constitutional Court commands. The said Tirusakthi Murugan is the Head of the Department of Electronics & Instrumentation Engineering at Pondicherry Engineering College. The said Tirusakthi Murugan, being a Professor and Academician, it is expected that his conduct in public and with other persons will reflect in the students whom he moulds. The conduct of a teacher would reflect in his students and the teacher, being the climbing steps for the students in their upliftment in life, the teacher is bound to be a person who can impart the necessities to the students to make them rise up in life. 14. However, in the present case, the said Tirusakthi Murugan had conducted himself in a manner unbecoming of a teacher by using words in utter derogation and unparliamentary against the constitutional court, which act of the said Dr.Tirusakthi Murugan borders on contemptuous act attracting the provisions of the Contempt of Courts Act. 15.
14. However, in the present case, the said Tirusakthi Murugan had conducted himself in a manner unbecoming of a teacher by using words in utter derogation and unparliamentary against the constitutional court, which act of the said Dr.Tirusakthi Murugan borders on contemptuous act attracting the provisions of the Contempt of Courts Act. 15. However, before this Court decides one way or the other as to the contemptuous act committed by Dr.Tirusakthi Murugan, in the fitness of things, this Court deems it just and necessary that an opportunity should be given to Dr.Tirusakthi Murugan to place his side of the case before this Court so that this Court can decide on the nature of contempt committed by Dr.Tirusakthi Murugan. 16. Therefore, this Court, suo motu, impleads Dr.Tirusakthi Murugan, Head of the Department, Electronics & Instrumentation Engineering, Pondicherry Engineering College, Pillaichavady, Puducherry, as a party to the present contempt petition. 17. Registry is directed to issue notice to the newly impleaded respondent/contemnor, Dr.Tirusakthi Murugan, returnable in two weeks. List the matter on 7.1.2022.