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N. Sumathi Vs. G. Selvakumar [2009] INSC 663 (31 March 2009)

Judgment

CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.4883 OF 2002 N. Sumathi ...Appellant(s) Versus G. Selvakumar ...Respondent(s) O R D E R Heard learned counsel for the appellant.

By the impugned order, Madras Bench of the Central Administrative Tribunal (for short, `the Tribunal') held the appellant guilty of contempt on the ground that she violated the status quo order dated 12.12.2000 and directed her to pay a fine of Rupees two thousand five hundred and in default, to undergo simple imprisonment for a period of two weeks.

A perusal of the record shows that the appellant tendered unqualified apology in the form of two affidavits dated 29.3.2001 and 25.4.2001 but, the Tribunal did not accept the same. We have carefully gone through the two affidavits and are satisfied that, in the facts and circumstances of the case, the Tribunal should have accepted the unqualified apology tendered by the appellant and should have dropped the contempt proceeding.

Accordingly, the appeal is allowed, impugned order is set aside and the unqualified apology tendered by the appellant is accepted.

No costs.

......................J. [B.N. AGRAWAL]

......................J. [G.S. SINGHVI]

New Delhi,

March 31, 2009.

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